THE 



PUBLIC SCHOOL LAW 



NORTH CAROLINA 

BEING A PABT OF 

CHAPTER 89, REVISAL OF 1905, AS AMENDED BY 
THE GENERAL ASSEMBLY OF 1907 

TOGETHER WITH 



EXPLANATORY NOTES AND DECISIONS OF 

THE STATE SUPERINTENDENT OF 

PUBLIC INSTRUCTION 



RALEIGH 

ISSUED FROM OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 

1907 



THE 



PUBLIC SCHOOL LAV^^ 



NORTH CAROLINA 



BEING A PART OF 



CHAPTER 89, RE VI SAL OF 1905, AS AMENDED BY 
TPIE GENERAL ASSEMBLY OF 1907 



COMPILED, AEBANGED, AND EDITED BY 

CHARLES L. COON 

OP THE DEPARTMENT OF EDUCATION. 



RALEIGH 

ISSUED FROM OFFICE OP SUPERINTENDENT OF PUBLIC INSTRUCTION 

1907 






.E. M. TJZZELXj &; CO. 

STAT£: FRXNTERS A.NI> BINDERS 

KALEIGH, N. O. 



'UN 13 1907 

D. UP D. 



IN, 



TABLE OF CONTENTS. 



Educatioin" in Our Constitution. 

New School Legislation 1907. 

Public High School Law. 
The Child Labor Law. 
Compulsory Attendance Law. 

The Public School Law. 



I. 

II. 

III. 

IV. 

V. 

VI. 

VII. 

VIII. 

IX. 

X. 

XI. 

XII. 

XIII. 

XIV. 



Application of Chapter, Section 4029. 

The State Board of Education, Sections 4030-4035. 

Loans for Building School-houses, Sections 4053-4056. 

The School System and the Course of Study, Sections 
4085-4088. 

The General Powers and Duties of the State Superin- 
tendent, Sections 4089-4092. 

School Funds Provided by the State, Sections 4093- 
4106. 

School Funds Provided by County and Local Taxation 
and apportionment of same, Sections 4107-4118. 

The Powers and Duties of the County Board of Educa- 
tion 4119-4134. 

The Powers and Duties of the County Superintendent, 
Sections 4135-4144. 

The Powers and Duties of the School Committee, Sec- 
tions 4145-4151. 

The Treasurer of the School Fund, Sections 4152-4160. 

Privileges and Duties of Teachers, Sections 4161-4167. 

Rural Libraries, Sections 4172-4179. 

Separate Schools for Croatans, Sections 4168-4171. 



Appendix : Text-book Law. 



Index to Public School Law. 



PREFATORY NOTE. 



This compilation of the Public School Laws of North Carolina is 
issued in this form, in accordance with Section 4089 of the Revi- 
sal of 1905. The amendments made to the School Law by the 
General Assembly of 1907 are printed in italics. This compilation 
also contains the legislation of 1907 relative to high schools, com- 
pulsory attendance, and the employment of children in factories. 
The notes, decisions, and other matter, it is hoped, will be foimd 
convenient and useful. A careful reading of the law bj^ all 
school officers and teachers will prevent many mistakes and bur- 
densome correspondence and delay. 

J. Y. JOYNEK, 

Superintendent of Public Instruction. 
Raleigh, April, 1907. 



EDUCATION IN OUR CONSTITUTION. 



Article IX of the Constitution of North Carolina relates to 
education. It reads as follows : 

Section 1. Religion, morality and knowledge being nece&sary 
to good government and the happiness of mankind, schools and the 
means of education shall forever be encouraged. 

Sec. 2. The General Assembly, at its first session under this 
Constitution, shall provide by taxation and otherwise for a gen- 
eral and uniform system of public schools, wherein tuition shall 
be free of charge to all the children of the State between the ages 
of six and twenty-one years. And the children of the white race 
and the children of the colored race shall be taught in separate 
public schools; but there shall be no discrimination in favor of or 
to the prejudice of either race. 

Sec. 3. Each county of the State shall be divided into a con- 
venient number of districts, in which one or more public schools 
shall be maintained at least foiu' months in every year ; and if the 
Commissioners of any county shall fail to comply with the afore- 
said requirements of this section they shall be liable to indict- 
ment. 

Sec. 4. The proceeds of all lands that have been or hereafter 
may be granted by the United States to this State and not other- 
wise appropriated by this State or the United States, also all 
money, stocks, bonds and other property now belonging to any 
State fund for purposes of education, also the net proceeds of all 
sales of the swamp lands belonging to the State, and all other 
grants, gifts or devises that have been or hereafter may be made 
to the State and not otherwise appropriated by the State or by 
the terms of the grant, gift or devise, shall be paid into the State 
Treasury, and, together with so much of the ordinary revenue of 
the State as may be by law set apart for that purpose, shall be 
faithfully appropriated for establishing, and maintaining in this 
State a system of free public schools, and for no other uses or pur- 
poses whatsoever. 

Sec. 5. All moneys, stocks, bonds and other property belonging 
to a county school fund, also the net proceeds from the sale of 
estrays, also the clear proceeds of all penalties and forfeitures and 



6 Education in Constitution. 

of all fines ccllected in the several counties for any breach of the 
penal or military laws of the State, and all moneys which shall 
be paid by persons as an equivalent for exemption from military 
duty, shall belong to and remain in the several counties, and shall 
be faithfully appropriated for establishing and maintaining free 
public schools in the several counties in this State : Provided, 
that the amount collected in each county shall be annually 
reported to the Superintendent of Public Instruction. 

Sec. 6. The General Assembly shall have power to provide for 
the election of Tl-ustees of the University of North Carolina, in 
whom, when chosen, shall be vested all the privileges, rights, fran- 
chises and endowments thereof in anywise granted to or conferred 
upon the Trustees of said University ; and the General Assembly 
may make such provisions, laws and regulations from time to time 
as may be necessary and expedient for the maintenance and man- 
agement of said University. 

Sec. 7. The General Assembly shall provide that the benefits of 
the University, as far as practicable, be extended to the youth of 
the State free of expense for tuition ; also that all the property 
which has heretofore accrued to the State or shall hereafter accrue 
from escheats, unclaimed dividends or distributive shares of the 
estates of deceased persons, shall .be appropriated to the use of 
the University. 

Sec. 8. The Governor, Lieutenant-Governor, Secretary of State, 
Treasurer, Auditor, Superintendent of Public Instruction and 
Attorney-General shall constitute a State Board of Education. 

Sec 9. The Governor shall be president and the Superintendent 
of Public Instruction shall be secretary of the Board of Education. 

Sec. 10. The Board of Education shall succeed to all the powers 
and trusts of the President and Directors of the Literary Fund of 
North Carolina, and 'shall have full power to legislate and make 
all needful rules and regulations in relation to free public schools 
and the educational fund of the State; but all acts, rules and 
regulations of said Board may be altered, amended or repealed by 
the General Assembly, and when so altered, amended or repealed 
they shall not be re-enacted by the Board. 

Sec. 11. The first session of the Board of Education shall be 
held at the capital of the State within fifteen days after the 
organization of the State Government under this Constitution ; the 
time of futm-e meetings may be determined by the Board. 

Sec 12. A majority of the Board shall constitute a quonim for 
the transaction of business. 



Educational Qualification. 7 

Sec. 13. The contingent expenses of the Board shall be provided 
by the General Assembly. 

Sec. 14. As soon as practicable after the adoption of this Con- 
stitution the General Assembly shall establish and maintain in 
connection with the University a department of agriculture, of 
mechanics, of mining and of normal instruction. 

Sec 15. The General Assembly is hereby empowered to enact 
that every child of sufficient mental and physical ability shall 
attend the public schools during the period between the ages of 
six and eighteen years for a term of not less than sixteen months, 
unless educated by other means. 

From the Bill of Rights, Section 27 : The people have the right 
to the privilege of education, and it is the duty of the State to 
guard and maintain that right. — Bill of Rights, North Carolina 
Constitution. 

EDUCATIONAL QUALIFICATION FOR SUFFRAGE. 

Article VI, Section 4, of the Constitution of North Carolina con- 
tains the following : 

Every person presenting himself for registration shall be able 
to read and write any section of the Constitution in the English 
language ; and before he shall be entitled to vote, he shall have 
paid, on or before the first day of .May of the year in which he 
proposes to vote, his poll tax for the previous year as prescribed 
by Article V, sec. 1, of the Constitution. But no male person who 
was on January 1, 1867, or at any time prior thereto, entitled to 
vote under the laws of any State in the United States wherein he 
then resided, and no lineal descendant of any such person, shall 
be denied the right to register and vote at any election in this 
State by reason of his failure to possess the educational qualifica- 
tions herein prescribed: Provided, he shall have registered in 
accordance with the terms of this section prior to December 1, 3908. 



NEW SCHOOL LEGISLATION, 1907. 



The General Assembly of 1907 enacted the following new legis- 
lation on the subject of schools : 

PUBLIC HIGH SCHOOL LAW. 

AN ACT TO STIMULATE HIGH SCHOOL INSTRUCTION IN 
THE PUBLIC SCHOOLS OF THE STATE AND TEACHER 
TRAINING. 

The General Assembly of 'North Carolina, do enact: 

HIGH SCHOOLS MAY BE MAINTAINED NOT LESS THAN FIVE 
MONTHS ANNUALLY. 

Section 1. With the consent of the State Board of Education, 
the County Board of Education in any county may, in its discretion, 
establish and maintain, for a term of not less than five school 
months in each school year, one or more public high schools for 
the county at such place or places as shall be most convenient for 
the pupils entitled to attend and most conducive to the purposes 
of said school or schools. 

HIGH SCHOOL COMMITTEE TO CONSIST OF THKEE PEESONS. 

Sec. 2. For each public high school established \mder this act a 
committee of three persons shall be appointed by the County 
Board of Education, who shall be known as the School Committee 

of Public High School of 

County. The powers, duties and qualifications of said committee- 
men shall be similar to those of other public school committeemen. 
They shall be appointed as follows: one for a term of two years, 
one for a term of four years, and one for a term of six years ; and 
at the expiration of the term of any committeeman his successor 
shall be appointed for a term of six years : Provided, that in case 
of death or resignation of any committeeman, his successor shall 
be appointed for the unexpired term only. Within two weeks after 
appointment the committee shall meet and elect a chairman and 
a secretary and enter upon the performance of their duties. 



High School Law. 9 

euxes, regulations, and course of study. 

Sec. 3. All public high schools established and maintained under 
the provisions of this act shall be operated by the County Board 
of Education under such general rules and regulations as may be 
prescribed by the State Board of Education. The courses of 
study for such high schools and the requirements for admission 
to them shall be prescribed by the State Superintendent of Public 
Instruction. 

INSPECTION, CERTEFICATES, AND MINIMUM SALARY OF TEACHERS. 

Sec. 4. It shall be the duty of the County Board of Education 
to locate all high schools established under this act, to furnish 
the State Superintendent of Public Instruction with such infor- 
mation relative to said schools as he may require and to make 
STich local rules and regulations for the conduct of said schools 
as may be necessary : Provided, that before any State funds shall 
be appropriated for the support of any public high school the 
State Superintendent of Public Instruction shall cause the same 
to be inspected by some competent person to see that suitable 
arrangements have been made for giving high school instruction 
and to enable said school to conform to all the requirements of 
this act and to the rules and regulations of the State Board of 
Education : Provided further, that no one shall teach in any public 
high school that receives State funds under this act who does 
not hold a high school teacher's certificate from the State Super- 
intendent of Public Instruction, who shall have power to pre- 
scribe a standard of scholarship and examination for same : and 
provided further, that no one shall be employed as teacher in 
such high school without the approval and recommendation of 
the County Superintendent. The minimum salary of any public 
high school teacher holding such certificate and employed as high 
school teacher in such high school shall be forty dollars per 
school month. 

HIGH SCHOOLS AIDED MUST HAVE THREE TEACHERS. 

Sec. 5. Before any high school shall be established under the 
provisions of this act, the committee or committees establishing 
such school shall first provide for thorough instruction, for at 
least five months in each school year in all branches of study 
required to be taught in the public schools of the State; and no 



10 High School Law. 

school shall be entitled, to the benefit of this act in which less 
than three teachers are employed. 

[Each school must have at least two teachers in addition to the 
high school teacher.} 

ARRANGEMENT FOR FREE TUITION IN HIGH SCHOOLS ALREADY 
ESTABLISHED. 

Sec. 6. The County Board of Education of any county may 
enter into an agreement with the board of trustees or the com- 
mittee of one public high school of the county to permit all chil- 
dren of said, county of school age who are prepared to enter such 
high school and all public school teachers of said county desiring 
high school instruction to attend such school free, the rate of 
tuition for each pupil in each high school grade to be fixed by 
agreement witji said County Board of Education, and paid as fol- 
lows : one-half out of a fund set aside by the County Board of 
Education from, the county school fund for that purpose,' and one- 
half out of the special State appropriation hereinafter provided, 
under such rules as the State Board of Education may prescribe : 
Provided, that the sum apportioned by the County Board of Edu- 
cation for this purpose shall not exceed five hundred dollars, and 
the sum apportioned by the State Board of Education for the 
same purpose shall not exceed that apportioned by the County 
Board of Education : Provided further, that the course of study 
in such high school shall be approved by the State Superintendent 
of Public Instruction. 

CONDITIONS OF STATE AID. 

Sec 7. The County Superintendent of Schools in any county in 
which said public high school or high schools shall be established 
shall give due notice of the same to the State Board of Educa- 
tion before any State funds shall be appropriated for the support 
of said school or schools. And when the County Treasurer of any 
county shall certify to the State Superintendent of Public Instruc- 
tion that as much as two hundred and fifty dollars has been placed 
to the credit of any public high school established and inspected, 
as provided for in this act, thereupon a State warrant shall be 
issued upon requisition of the State Superintendent of Public 
Instruction for two hundred and fifty dollars and sent to the 
Treasurer of the county in which such high school is located, to 
be placed to the credit of said high school, and paid out exclusively 



High School Law. 11 

for the support of said high school on the warrant of the high 
school committee approved by the County Superintendent of 
Schools. The Treasurer of each county in which such public high 
school or schools shall be established shall keep a separate 
account of the public high school fund, and at the end of each 
school year he shall make to the State Superintendent of Public 
Instruction and to the County Board of Education a report of all 
receipts and disbursements of said fund. 

MAXIMUM STATE AID $500 AND NUMBER OF SCHOOLS AIDED IN ONE 
COUNTY LIMITED TO EOUK. 

Sec. S. If a larger amount than two hundred and fifty dollars 
be provided by taxation, or by private donation, or by local appro- 
priation, or otherwise, for the support of any public high school 
established and maintained under the provisions of this act, then 
the State shall contribute a like amount: Provided, that the 
State shall not contribute more than five hundred dollars in any 
one school year for the support of any one high school : Provided 
further, that not more than four public high schools in any one 
county shall be entitled under the provisions of this act to receive 
State funds. 

NO SCHOOLS AIDED IN TOWNS OF MOEE THAN 1,200. 

Sec. 9. High schools may not be established under this act in 
towns of more than twelve hundred inhabitants. Contracts, how; 
ever, may be made between the County Board of Education and 
the committee or trustees of any public or graded school wherein 
high school branches are taught. Such contract shall provide for 
the admission to such school of students in high school grades and 
of public school teachers of any township, townships, or of the 
county, and for the payment of tuition by the County Board of 
Education for teachers and children so attending from outside the 
limits of said school district, and the tuition in no case to exceed 
two dollars per month. Upon the making and approval of such 
contract and the deposit with the County Treasurer of an amount 
sufficient to pay one-half of amount estimated to be necessary 
for such purpose, either by direct appropriation by the County 
Board of Education from a fund set aside for that purpose or by 
private donation, then upon proper certification of such facts a 
State warrant shall be issued for equal amount payable to County 
Treasurer upon request of the State Superintendent of Public 



12 . High School Law. 

Instruction: Provided, that no aid may be given by the State 
in cases where under the contract less than one hundred dollars 
is needed to pay the tuition, and that the State may not in any 
ease be called on for more than five hundred dollars : Provided 
further, that the course of study of such school shall be sub- 
mitted to the State Superintendent of Public Instruction and 
approved by him. 

SUM OF $50,000 ANNUALLY APPROPRIATED. 

Sec. 10. The sum of fifty thousand dollars, or so much thereof 
as may be necessary, is hereby annually appropriated for the 
purposes of high school instruction and teacher training pro- 
vided for in this act. The State Board of Education shall have 
the power to fix sijch rules and regulations in accordance with 
the provisions of this act as may be necessary for the proper 
distribution of this fund. 

TEACHER TRAINING SCHOOL TO BE ESTABLISHED. 

Sec. 11. That there shall be established and maintained at some 
suitable point in eastern North Carolina a teachers' training 
school for the training of young white men and women under 
the corporate name of the East Carolina Teachers' Training 
School. 

LOCATION OF TRAINING SCHOOL BY STATE BOARD. 

Sec. 12. That said school shall be located by the State Board 
of Education at such a point in eastern North Carolina as they 
may deem proper, and shall be located in or near that town offer- 
ing the largest financial aid, having due regard to desirability 
and suitability for the location of said school. 

PURPOSE OF TRAINING SCHOOL AND COURSE OF STUDY. 

Sec. 13. That the object in establishing and maintaining said 
school shall be to give to young white men and women such educa- 
tion and training as shall fit and qualify them for teaching in the 
public schools of North Carolina. And the board of trustees 
hereinafter provided for in prescribing the course of study of 
said school shall lay special emphasis on those subjects taught in 
the public schools of the State, and on the art and science of teach- 
ing. And in no event shall they prescribe a curriculum beyond 
that which would fit and prepare a student for unconditional 
entrance into the freshman class of the University of North 
Carolina. 



High School Law. 13 

■ tuition fkee to prospective teachers. 

Sec. 14. That tuition iu said sclaool shall be free to those who 
signify their intention to teach for such time and upon such 
conditions as may be prescribed by the board of trustees, and 
the board of trustees upon the recommendation of the faculty 
shall give those students in said school who have completed the 
required course a certificate of proficiency in the work done. 

management of TRAINING SCHOOL. 

Sec. 15. That said school shall be managed by a board of trus- 
tees, consisting of nine persons, together with the State Super- 
intendent of Public Instruction as chairman, ex officio, said 
trustees to be appointed by the State Board of Education : Pro- 
vided, that two members of the said board shall be selected from 
the First Congressional District, two from the Second, two from 
the Third, two from, the Fourth and one from the Sixth, whose 
term of office shall be six years: Provided further, that of the 
trustees first elected, three shall hold office for two years, three 
for four years, and three for six years. Said term of office to 
begin on the fifteenth day of March, one thousand nine hundred 
and seven. That the State Board of Education shall appoint 
trustees for the full term of six years upon the expiration of the 
term of office of any member of this board ; vacancies occurring 
by death or resignation of any member of this board shall be 
filled by appointment of the State Board of Education for the 
unexpired term. All trustees shall take oath to perform faith- 
fully their duties as required by this act, and shall hold office 
until their successors have been appointed and qualified. The board 
of trustees shall report biennially to the Governor before the 
meeting of each General Assembly the operation and condition 
of said school. 

POWERS OF TRUSTEES. 

Sec. 16. That said board of trustees above provided for, upon 
their election and qualification, shall be and become a body corpo- 
rate and politic, with all the powers usually conferred upon such 
bodies and necessary to enable them to acquire and hold property, 
manage and conduct said school, and do all other things neces- 
sary for the carrying out of the provisions and purposes of this 
act. 

Sec 17. That as soon as said school shall have been located by 
the State Board of Education and the trustees herein provided 



14 Child Labor Law. 

for shall bave qualified, the chairman shall call a meeting of 
said trustees for the purpose" of organizing said board as soon 
as practicable. After said organization the said trustees shall 
proceed to build and equip the necessary buildings for said school 
and shall make such rules and regulations for the government of 
said school as -they may deem proper: Provided, that no rules 
shall be made that would discriminate against one county in 
favor of another in the admission of pupils into said school. 

AMOUNT OF STATE AID AND LOCAL AID FOR BUILDINGS AND SITE. 

Sec. 18. That* the sum of fifteen thousand dollars ($15,000) be 
and the same is hereby appropriated to be paid from any funds 
in the hands of the State Treasurer not otherwise appropriated 
for the purpose of aiding in erecting and equipping the buildings- 
for said school, one-half of said sum to be paid in one thousand 
nine hundred and seven and one-half in one thousand nine hun- 
dred and eight : Provided, that the town or community in which 
said school is located shall contribute the sum of not less than 
twenty -five thousand dollars ($25,000) toward the construction 
and equipment of said buildings, and the title to said buildings 
shall be in and held by the State Board of Education. 

STATE AID FOR SUPPORT OF TRAINING SCHOOL. 

Sec. 19. When it shall be certified to the State Board of Educa- 
tion by the trustees . that said buildings of said school are com- 
pleted and ready to be occupied, the sum of five thousand dollars 
($5,000) annually shall be and the same is hereby appropriated 
for the purpose of maintaining said school, to be paid out of the 
special appropriation of fifty thousand dollars ($50,000) herein 
appropriated for high school instruction and teacher training. 

Sec 20. That this act shall be in forfce from and after its ratifi- 
cation. 

In the General Assembly read three times, and ratified this the 
Sth day of March, A. D. 1907. 

THE CHILD LABOR LAW. 

The General Assetiibly of 'North Carolina do enact: 

CONDITIONS FOR EMPLOYMENT OF CHILDREN. 

Section 1. That no child under twelve years of age shall be 
employed or worked in any factory or manufacturing establish- 
ment within this State: Provided, that after one thousand nine 



Child Labob Law. 15 

hundred and seven, no child between the ages of twelve and 
thirteen years of age shall be employed or work in a factory, 
except in apprenticeship capacity, and then only after having 
attended school four months in the preceding twelve months. 

SIXTY-SIX HOURS A WEEK. 

Sec. 2. That not exceeding sixty-six hours shall constitute a . 
week's work in all factories and manufacturing establishments 
in this State. 

No person under eighteen years of age shall be required to work 
in such factories or establishments a longer period than sixty-six 
hours in one week : Provided, that this section shall not apply to 
engineers, firemen, machinists, superintendents, overseers, section 
and yard hands, ofBce men, watchmen, or repairers of break- 
downs. 

PENALTY EOE FALSE STATEMENTS AND VIOLATION. 

Sec. 3. All parents, or persons standing in the relation of 
parent, upon hiring their children to any factory or manufactur- 
ing establishment, shall furnish such establishment a written 
statement of the age of such child or children so hired, and 
certificate as to school attendance; and any parent, or person 
standing in relation of parent to such child or children, who" shall 
in such written statement misstate the age of such child or chil- 
dren being so employed, or their school attendance, shall be guilty 
of a misdemeanor, and upon conviction shall be punished in the 
discretion of the Court. 

Any mill-owner, superintendent or manufacturing establishment 
who shall knowingly or wilfully violate the provisions of this act 
shall be guilty of a misdemeanor, and upon conviction shall be 
punished in the discretion of the Court. 

NO NIGHT WORK UNDER 14 AFTER 1907. 

Sec. 4. After one thousand nine hundred and seven no boy or 
girl under fourteen years old shall work in a factory between the 
hours of eight P. M. and five A. M. 

Sec. 5. That this act shall be in force from and after January 
first, one thousand nine hundred and eight. 



COMPULSORY ATTENDANCE LAW. 

AN ACT TO REQUIRE ATTENDANCE UPON THE PUBLIC 
SCHOOLS FOR SIXTEEN WEEKS IN EACH YEAR BE- 
TWEEN THE AGES OF EIGHT AND FOURTEEN. 

The General AssemJ)ly of North Carolina do enact: 

SCHOOL DISTRICT OR TOWNSHIP MAY VOTE ON QUESTION. 

Section 1. The County Board of Education of any county may 
in their discretion, upon a petition of a majority of the qualified 
voters of any township or school district in such county, order and 
hold an election, submitting to the qualified voters of such town- 
ship or district the question of compulsory attendance. For 
such election the said board shall designate the time for hold- 
ing the same, shall appoint a registrar and two poll-holders for 
each A^oting place, and shall advertise the same by posting notices 
at the court-house door and three other public places in the 
district or township thirty days before such election. If the 
election be for a school district, then the County Board of Educa- 
tion shall also designate the voting place ; if for a township, the 
polling-places shall be those of the preceding general election. At 
such election those favoring compulsory attendance shall vote a 
ticket' on which shall be written or printed the words : "For Com- 
pulsory Attendance," those who are opposed shall vote a ticket 
on which shall be written or printed the words "Against Com- 
pulsory Attendance." The result of such election shall be reported 
to the County Board of Education by the judges of election, and 
no other report shall be required. In all other respects, except 
as provided herein, the election shall be held under the law gov- 
erning general elections as nearly as may be. The expense of 
such election shall be paid out of the county school fund. If it 
appear that a majority of the votes cast at such election are in 
favor of compulsory attendance, the County Board of Education 
shall order compulsory attendance upon the school or schools of 
the township or district named in the petition as provided for 
in this act. 

COMPULSORY ATTENDANCE AGE S TO 14 ; TEEM 16 WEEKS. 

Sec. 2. Every parent or person having control of a child over 
eight and under fourteen years of age shall cause such child 
to attend the public school in the district where such parent or 



CoMPULSOEY Attendance. 17 

person resides for sixteen weeks in eacli school year, such year 
beginning on the first day of July and ending on the thirtieth day 
of June, unless the parent or person having control of such child 
shall show that the child has elsewhere received during the year 
regular instruction for sixteen weeks in the branches of study 
taught in the public schools. Children over twelve years of age 
shall not be subject to the requirements of this act while law- 
fully employed at labor at home or elsewhere. 

PENALTY FOR VIOLATION OF LAW AND EXCEPTIONS. 

Sec. 3. Any person violating the provisions of the foregoing 
section two shall be guilty of a misdemeanor, and upon conviction 
shall be fined not less than five dollars nor more than twenty-five 
dollars : Provided, that if the parent or person having control 
of the child shall show that the child is destitute of clothing suit- 
able for attending school, and such parent or person is unable to 
provide suitable clothing, or that the child's mental or physical 
condition is such as to render its instruction inexpedient and im- 
practical, such parent or person shall not be convicted of a viola^ 
tion hereof. 

Sec. 4. Every person who shall regularly employ any child 
under twelve years of age or shall authorize or permit the regular 
employment of such child upon premises under his control during 
the school hours while the school that such child should attend 
is in session shall be guilty of a misdemeanor, unless the child 
so employed shall have attended school for sixteen weeks prior 
to such employment and during the current school year, or unless 
such child is excusable under section three. 

PENALTY FOR FALSE STATEMENTS AS TO AGE OF CHILDREN. 

Sec. 5. The person taking the school census of any district 
shall obtain the information as to the age of each child in the 
district from the parent or person having control of such child, 
and the written reports sworn to by the census-taker shall be 
prima facie evidence in any court of the age of each child therein 
enumerated. 

Every parent or person having control of a child, who shall 
make any false statement concerning the age of such child with 
the intent to deceive the census-taker or the teacher of any 
school or to the employer of such child, shall be guilty of a mis- 
demeanor and fined not more than fifty dollars. 
2 . 



18 CoMPULSOEY Attendance. 



EVIDENCE ■ OF NON-ATTENDANCE. 



Sec. 6. At the end of the term of the public school, the teacher 
or principal of such school shall make a report to the County 
Superintendent of Schools of such county showing the names of 
the children between the ages of eight and fourteen who attended 
such schools and the number of days each child attended. Such 
statement shall be sworn to by the teacher or principal and shall 
be prima facie evidence in any court both as to the facts stated 
therein and that any child not enumerated therein did not attend 
such school. 

METHOD OF PEOSECUTION FOE NON-ATTENDANCE. 

Sec. 7. It shall be the duty of the County Superintendent of 
Schools to furnish annuallj^ to the constable of such township in 
his coimty, or to some other lawful officer of the county, a . list 
of the children who have not attended school as required by law, 
and upon such information it shall be the duty of said constable or 
officer upon an affidavit of some reputable person that any person 
*has violated the provisions of this act to cause the offending persons 
to be prosecuted before some justice of the peace of such township. 

IN DISCRETION OF COUNTY BOAED TO ENFOECE LAW. 

Sec. 8. Whenever the County Board of Education shall order 
compulsory attendance upon any school or schools in any school 
district or township after an election as provided in section one 
hereof, the provisions of this act shall be in full force and effect 
in the territory described and for the schools named, but this 
act shall not apply to any school or the penalties herein pre- 
scribed be enforced except upon the order of the County Board 
of Education as herein provided. 

cleek of coxjet to keep list of schools. 

Sec 9. It shall be the duty of the County Board of Education 
of each county to furnish to the Clerk of the Superior Court of 
such county a list of all schools which have been placed under 
the operation of this act. The said Clerk shall keep a list of the 
same in his office, and shall furnish to each justice of the peace 
of the county a certilied list of all schools' in the township of 
such justice of the peace which are so included ; and the said 
list as kept by the said Clerk, or a certified statement made by 
him, shall be conclusive evidence in any ^ourt that the provisions 



Compulsory Attendance. 19 

of this act shall apply to the school or schools therein named : 
Provided, that this act shall not apply to "any territory now having 
compulsory attendance established by law. 

COUNTIES EXCEPTED. 

Sec. 10. That this act shall not apply to the following counties : 
Granville, Person, Johnston, Robeson, Camden, Currituck, Edge- 
combe, Wilson, Nash, Duplin, and Chatham. 

Sec 11. That this act shall be in force from and after its ratifi- 
cation. 

In the General Assembly read three times, and ratified this the 
11th day of March, A. D. 1907. 

DEAF CHILDREN MUST ATTEND SCHOOL. 

AN ACT TO COMPEL WHITE DEAF CHILDREN TO 
ATTEND SCHOOL. 

The General Assembly op North Carolina do enact: 

Section 1. That every deaf child of sound mind in North Caro- 
lina shall attend a school for the deaf at least five school terms 
of nine months each, between the ages of eight years and fifteen 
3'ears. 

Sec. 2. That parents, guardians or custodians of a deaf child 
or deaf children between the ages of eight and fifteen years shall 
send said child or children, or cause to be sent, to some school for 
the instruction of the deaf, at least five terms or sessions of nine 
months each, between the ages of eight years and fifteen years. 

Sec. 3. That parents, guardians or custodians of any deaf chil- 
dren between the ages provided in section two of this act, failing 
to send said deaf child or deaf children to some school for instruc- 
tion as provided in this act, shall be guilty of misdemeanor, and 
upon conviction shall be fined or imprisoned at the discretion of 
•the Court for each year said deaf child is kept out of school be- 
tween the ages herein provided: Provided, that said parents, 
guardians or custodians may elect two years between said ages of 
eight and fifteen years that a deaf child o.r deaf children may 
remain out of school : Provided further, that this section shall 
not apply to or be enforced against the parent, guardian or cus- 
todian of any deaf child until such time as the superintendent of 
any school for the instruction of the deaf, by and with the . ap- 
proval of the executive committee of such institution, shall, in 
his and their discretion, serve written notice on such parent. 



20 Compulsory Attendance. 

guardian or custodian, directing that sucli ctiild be sent to the 
institution whereof they have charge. 

Sec. 4. That it shall be the duty of the school census-taker to 
report name, age and sex of each deaf child in his district, and 
name of parents, guardians or custodians, and their post-office 
address, to the County Superintendent of Education, who shall 
send said report of names and addresses to the Superintendent 
of the North Carolina School for the Deaf and Dumb, located at 
Morganton, N. C. That said census-taker or County Superintend- 
ent failing to make reports as provided in this act, shall be fined 
five dollars ($5) for each white deaf child not so reported. 

Sec. 5. That said fine as provided, in section three (3) of this 
act, and said fine of five dollars ($5) provided in section four (4) 
of this act, when collected, shall be paid to the public school fund 
of the county in which such child lives. 

Sec. 6. That this act shall take effect the first day of Septem- 
ber, one thousand nine hundred and seven. 



THE PUBLIC SCHOOL LAW. 



The following is the Public School Law of one thousand nine 
hundred and five, as amended by the General Assembly of one 
thousand nine hundred and seven. Each division of the law is 
preceded by a succinct summary, and contains explanatory notes, 
the whole being followed by decisions bearing on its interpreta- 
tion. . 

I. APPLICATION OF CHAPTER. 

4029. This chaptee not applicable to certain schools ; such 
SCHOOLS REGULATED. The pi'ovisions of this chapter shall not apply 
to any township, city or town now levying a special tax for 
schools and operating under special laws or charters, or to schools 
operating under section fortj^-seven, chapter one hundred and 
ninety-nine, Laws of one thousand eight hundred and eighty-nine. 
School districts in any city or town now operating under section 
forty-seven, chapter one hundred and ninety-nine, Laws of one 
thousand eight hundred and eighty-nine, are hereby continued, and 
all vacancies in the school committees therein shall be filled by 
the County Board of Education. If such districts comprise a 
township there shall not be appointed township school committee- 
men for such township, and all apportionments shall be made 
directly to the committee of such districts. The superintendent 
and treasurer of all such schools receiving any part of the public 
school fund shall be required to make to the State Superintendent 
and the County Superintendent such reports as' these officers shall 
demand, and as are made by other public schools to them, and 
shall be under the general supervision of the State Superintendent 
of Public Instruction. 

1901, c. 4, s. 73 ; 1903, c. 435, s. 25. 

[This section requires the proper officers of toivn and city schools 
to maJce reports to the State Superintendent.] 

II. THE STATE BOARD OF EDUCATION. 

Summary: The State Boaed consists of the Governoe, the 
Lieutenant-Governor, the Secretary of State, the Treasurer, 
the Auditor, and the Superintendent of Public Instruction ; 
has corporate powers ; the Governor is president, the State 



22 Sections 4030—32. 

Superintendent is seceetary ; it must keep a record of its pro- 
ceedings AND SUCCEEDS TO ALL THE POWERS OF "THE PRESIDENT AND 
DIRECTORS OF THE LITERARY FUND." THIS BOARD MAY MAKE RULES 
FOE THE GOVERNMENT AND EEGUXATION OF THE PUBLIC SCHOOLS AND 
HAS VESTED IN IT THE PEOPEETY AND MANAGEMENT OF THE LITERARY 
FUND OF THE STATE.* 

4030. Incorporated. The Governor, Lieutenant-Governor, Sec- 
retary of State, Treasurer, Auditor, Superintendent of Public 
Instruction, and Attorney-General shall constitute .the State Board 
of Education, and by the name, the State Board of Education, are 
created a corporation, and by that name may sue and be sued ; 
may have a common seal ; may acquire, receive and hold real, 
personal and mixed property by purchase, gift, devise or other- 
wise, and may sell, dispose of and convey the same ; and may 
contract and be contracted with for the purposes provided in this 
chapter, and for such other purposes as may be prescribed by 
law, and to that end may make such by-laws for its government 
and the exercise of its powers, and alter the same from time to 
time in its discretion, as shall not be in conflict with the laws of 
the State and of the United States ; and shall be vested with 
all other powers conferi*ed upon corporations under the general 
law relating to corporations. 

Const, Art. IX, ss. 8, 9, 10; Code, s. 2503; 1881, c. 200; 1903, 
c. 567, s. 7. 

4031. Officers ; quorum ; meetings ; expenses. Of the board, 
the Governor shall be president, the Superintendent of Public 
Instruction shall be secretary, and the Treasurer of the State 
shall be treasurer, and a majority of the board shall constitute 
a quorum for the transaction of business. The board shall hold 
its meetings in the executive oflice, and shall meet at such times 
as a majority of the members may appoint ; but the Governor may 
call a meeting at any time. The contingent expenses of the board 
shall be provided for by the General Assembly. 

Const, Art IX, ss. 9, 12, 13; Code, s. 2504; 1881, c. 200, s.'2. 

4032. Proceedings recorded. All the proceedings of the board 
shall be recorded in a well-bound and suitable book, which shall be 
kept in the ofBce of the Superintendent of Public Instruction. 

Code, s. 2505 ; 1881, c. 200, s. 3. 



*The State Board of Education, in addition to the above, has control of the Colored 
Normal Schools (Rev. 1905, 4180-4186), and is the Text-book Commission (Rev. 1905, 
4057-4084). The State Board also elects directors of State Normal and Industrial 
College (Rev. 1905, 4252)." The trustees of the East Carolina Training School are 
also elected by this board (Laws 1907) . 



Sections 4033 — 35. 23 

4033. Succeeds to poweks and property, etc., of literary fund. 
The State Board of Education shall succeed to all the powers 
and trusts of the "president and directors of the literary fund of 
North Carolina," and shall have full power to legislate and make 
all needful rules and regulations for the government. of the public 
schools and for the management of the State educational fund. 
But all such acts, rules and regulations of the board may be 
altered, amended, or repealed by the General Assembly, and when so 
alteried, amended or repealed shall not be re-enacted by the board ; 
and the board shall succeed to and have all the property, powers, 
rights, privileges and advantages which in anywise belonged or 
appertained to the "president and directors of the literary fund 
of North Carolina," and may, in its own name^ assert, use, apply 
and enforce the same. 

Const, Art. IX, s. 10; Code, s. 2506; 1881, c. 200, s. 4; R. C, 
0. 66; R. S., cc. 66, 67. 

4034. Accounts kept ; reports made. The State Treasurer shall 
keep a fair and regular account of all the receipts and disburse- 
ments of the State literary fund, and shall report the same to the 
General Assembly at the same time when he makes his biennial 
account of the ordinary revenue ; and the State Board of Educa- 
tion shall report to the General Assembly the manner in which 
the fund has been applied or invested, with such recommendations 
for the improvement of the same as to it shall seem expedient. 

Code, s. 2507; B. C, c. 66, s. 4; 1825, c. 1268, s. 2; 1903, c. 
567, s. 1. 

4035. How FUNDS invested. The State Board of Education is 
authorized to invest in North Carolina four per cent, bonds or in 
other safe interest-bearing securities, the interest on which shall 
be used as may be directed from time to time by the General 
Assembly for school purposes. 

1891, c. 369. 

Note. — Sections 40.36-4052 concern Swamp Lands. 

III. LOANS FOR BUILDING SCHOOL-HOUSES. 

Summary: The State Board may make loans from the liter- 
ary FUND to the county BOARD FOE BUILDING SCHOOL-HOUSES, 
ANY SUCH LOAN TO BE RELOANED BY THE COUNTY BOARD TO THE 
SCHOOL DISTRICT. SUCH LOANS BEAR 4 PER CENT. INTEREST AND ABE 
A LIEN ON ALL THE COUNTY SCHOOL FUNDS, AND MUST BE REPAID IN 



24 Sections 4053—55. 

ten equal instalments. all loans are made under such rules 
and regulations as the state board may adopt.* 

4053. Made by State Board. The State Board of Education, 
under such rules and regulations as it may deem advisable, not 
inconsistent with the provisions of this chapter, may make loans 
from the State literary fund to the County Board of Education of 
any county for the building and improving of public school houses 
in such county. But no warrant for the expenditure of any 
money for such purposes shall be issued by the Auditor except 
upon the order of the State Superintendent of Public Instruction, 
with the approval of the State Board of Education. 

1903, c. 567, ss. 1, 2, 8. 

4054. Terms of. Loans made under the provisions of this 
chapter shall be payable in ten instalments, shall bear interest 
at four per centum, payable annually, and shall be evidenced by 
the note of the County Board of Education, executed by the 
chairman and secretary thereof, and deposited with the State 
Treasurer. The first instalments of such loan, together with 
the interest on the whole amount then due, shall be paid by the 
county board on the tenth day of February after the tenth day 
of August subsequently to the making of such loan, and the 
remaining instalments, together with the interest, shall be paid 
one each year, on the tenth day of February of each subsequent 
year, till all shall have been paid. 

1903, c. 567, s. 3. 

4055. How SECURED AND PAID. At the January meeting of the 
County Board of Education, before any instalment shall be due 
on the next tenth day of February, the county board shall set 
apart out of the school funds an amount sufficient to pay such 
instalment and interest to be due, and shall issue its order upon 
the treasurer of the county school fund therefor, who, prior to 
the tenth day of February, shall pay over to the State Treasurer 
the amount then due. And any amount loaned under the pro- 
visions of this law shall be a lien upon the total school funds 

" of such county in whatsoever hands such fund rday be, and upon 
failure to pay any instalment or interest, or part of either when 
due, the State Treasurer may deduct a sufficient amount for the 
payment of the same out of any fund due any county from any 
special State appropriation for public schools, or he may bring 
action against the County Board of Education of such county, 



*The State Superintendent, on application, will furnish the rules regulating- this 
subject. 



Section 4056. 25 

any person in whose possession may be any part of the school 
funds of tlae county, and the tax collector of such county. And 
if the amount of school fund then on hand be insufficient to pay 
in full the sum so due, then the State Treasurer shall be entitled 
to an order directing the tax collector of such county to pay over 
to the State Treasurer all moneys collected for school purposes 
until such debt and interest shall have been paid. 
1903, c. 567, s. 4. 

4056. Loans by county boards to school districts. The County 
Board of Education, from any sum borrowed under the provisions 
of this chapter, may make loans to any district in such county for 
the purpose of building school-houses in such district, and the 
amount so loaned to any district shall be payable in ten annual 
instalments, with interest thereon at four per centum, payable 
annually. At the January meeting of such county board it shall 
deduct from the apportionment made to any district which has 
borrowed under the provisions of this chapter the instalment and 
interest then due, and shall continue to deduct such amount at 
each annual January meeting until the whole amount shall have 
been paid, together with interest. 

1903, c. 567, s. 5. 

[Under this section the County Board of Education may make 
an additional apportionment out of its huilding fund to assist 
a district to repay its annual interest and instalment on its loan.] 

IV. THE SCHOOL SYSTEM AND THE COURSE OF STUDY. 

Summary: The system of public education must be uniform, 
and free to all children between the ages of 6 and 21 years. 
Separate schools must be provided for white, colored, and In- 
dian CHILDREN, without RACE DISCRIMINATION. THE COURSE OF 
STUDY MUST INCLUDE SPELLING, READING, WRITING, ARITHMETIC, 
DRAWING, LANGUAGE LESSONS AND COMPOSITION, ENGLISH GRAMMAR, 
GEOGRAPHY, HISTORY OF NORTH CAROLINA AND THE UNITED STATES, 
AND ELEMENTS OP CIVIL GOVERNMENT, CONTAINING THE CONSTITU- 
TIONS OF North Carolina and of the United States, and text- 
book INSTRUCTION IN PHYSIOLOGY AND HYGIENE. OtHER SUBJECTS 

may be taught in elementary schools when prescribed by the 
State Board of Education. The State Superintendent pre- 
scribes THE course of STUDY FOR HIGH SCHOOLS UNDER THE LAWS 

OF 1907. All school officials are required to take oath for 

THE faithful PERFORMANCE OF THEIR DUTIES. 

Note. — Sections 4057-4084 concern the Text-book Commission. 



26 Sections 4085—87. 

4085. UwiFOEM SYSTEM ; coMPULSOEY ATTENDANCE. The people 
have the right to the privilege of education, and it is the duty of 
the State to guard and maintain that right ; and religion, morality 
and knowledge being necessary to good government and the happi- 
ness of mankind, schools and the means of education shall forever 
be encouraged. The General Assembly shall provide by taxation, 
and otherwise, for a general and uniform system of public schools, 
wherein tuition shall be free of charge to all children of the 
State between the ages of six and twenty-one years. And the 
General Assembly is empowered to enact that every child, of suffi- 
cient mental and physical ability, shall attend the public schools 
during the period between the ages of six and eighteen years, 
for a term of not less than sixteen months, unless educated by 
other means. 

Const, Art. I, s. 27 ; Art. IX, ss. 1, 2, 15. 

4086. Separate schools eob races ; no discrimination against 
EiTHteR RACE. The children of the white race and the children of 
the colored race shall be taught in separate public schools ; but 
there shall be no discrimination in favor of or to the prejudice of 
either race. All white, children shall be taught in the public 
schools provided for the'. white race, and all colored children shall 
be taught in the public schools provided for the colored race; but 
no child with negro blood in his veins, however remote the strain, 
shall attend a school for the white race; and no such child shall 
be considered* a white child. The descendants of the Croatan 
Indians now living in Robeson and Richmond counties shall have 
separate schools for their children as hereinafter provided in 
this chapter. 

Const, Art IX, s. 2 ; 1901, c. 4, s. 68 ; 1903, c. 435, s. 22. 

[It is the duty of the County Boards of Education to provide 
separate school facilities for the GheroJcee Indian children resid- 
ing in the ivestern part of this State, when not otherioise pro- 
vided for.] 

4087. What taught. The branches to be taught in all the 
public schools shall be spelling, reading, writing, arithmetic, draw- 
ing, language lessons and composition, English grammar, geog- 
raphy, the history of North Carolina and the United States and 
elements of civil government containing the Constitution of North 
Carolina and of the United States, elements of agriculture and 
oral and text-hook instruction in elementary physiology and 
hygiene, including the nature and effect of alcoholic drinks and 



* Sections 4088—89. 27 

narcotics : Provided, that in public schools employing more than 
one teacher the elements of civil government, physiology and 
hygiene, including the nature and effect of alcoholic drinks and 
narcotics and such other subjects of study as the State Board of 
Education may direct, shall be taught after adequate provisions 
shall have first been made for the thorough teaching of the 
branches before named. 

1905, c. 533, s. 9 ; 1901. c, 4, s. 37. 

[High school 'branches cannot be taught in schools having only 
one teacher, and may l)e taught in- schools having more than one 
teacher only after adequate provisions have first been made for 
the thorough teaching of the elementary branches mentioned in 
this section.] 

4088. Oath of office taken by officials. The members of 
the County Board of Education, the school committeemen, and 
the County Superintendent of Public Instruction shall, before 
entering upon the duties of office, take oath for the -faithful per- 
formance thereof. 

1901, c. 4, s. 45. 

V. THE GENERAL POWERS AND DUTIES OF THE 
STATE SUPERINTENDENT. 

Summary: The Stjpeeintendent is required to publish the 

SCHOOL law, make A BIENNIAL REPORT TO THE GOVERNOR, KEEP HIS 
OFFICE AT THE CAPITAL, AND SIGN ALL ORDERS FOE MONEY PAID OUT 

OF State treasury for educational purposes. He has general 

DIRECTION OF THE SCHOOL SYSTEM AND THE ENFORCEMENT OF THE 
school LAVP^, ALL SCHOOL OFFICERS BEING REQUIRED TO OBEY HIS IN- 
STRUCTIONS AND HIS INTERPRETATION- OF THE LAW. He IS REQUIRED 
TO BE ACQUAINTED WITH THE EDUCATIONAL CONDITION OF ALL SEC- 
TIONS OF THE State, and he must also keep in touch with the 
educational progress of other states.* 

4089. Shall equip office, print . and circulate school law, 
SUPERINTEND PUBLIC SCHOOLS. The Superintendent of Public In- 
struction of North Carolina shall have the school laws published 



* In addition to these general duties, the State Superintendent has the following, 
duties : Supervision and control of normal department of Cullowhee High School, 
Rev. 1905, 4228 ; secretary Text-book Commission, Rev. 1905, 4057 ; trustee of State 
Library, Rev. 1905, 5069 ; president of board of directors State Normal and Industrial 
College, Rev. 1905, 4252 ; chairman of trustees of East Carolina Training School, 
Laws 1907 ; chairman State Board of Examiners, Laws 1907 ; prescribes course of 
study for public high schools. Laws 1907 ; makes rules and regulations for rural libra- 
ries. Rev. 1905, 4175 ; and member board of trustees of Appalachian Training 
School, Laws 1907. 



28 Sections 4090—92. 

in pamphlet form and distributed on or before tbe first day of 
May of each year. He shall send to each officer a circular-letter, 
enumerating his duties as prescribed in this chapter. He shall 
have printed all the forms necessary and proper for the purposes 
of this chapter, and shall look after the school interests of the 
State, and report biennially to the Governor, at least five days pre- 
vious to each regular session of the General Assembly, which report 
shall give information and statistics of the public schools and 
recommend such improvements in the school law as may occur 
to him. He shall keep his office at the seat of government, and 
shall sign all requisitions on the Auditor for the payment of money 
out of the State Treasury for school purposes. Copies of his acts 
and decisions, and of all papers kept in his office and authenti- 
cated by his signature and official seal, shall be of the same force 
and validity as the original. He shall be furnished with such 
room, fuel and stationery as shall be necessary for the efficient 
discharge of the duties of his office. 

4090. Shall construe and eneorce law ; ascertain best school 
METHODS. He shall direct the operations of the system of public 
schools and enforce the laws and regulations in relation thereto. 
The County Board of Education and all other school officers in 
the several counties shall obey the instructions of the State 
Superintendent and accept his constructions of the school law. 
It shall be his duty to correspond with leading educators in other 
States, and to investigate systems of public schools established 
in other States, and, as far as practicable, render the results of 
educational efforts and experiences available for the information 
and aid of the Legislature and State Board of Education. 

1901, c. 4, s. 8 ; 1903, c. 435, s. 1. 

4091. Shall counsel county boards ; hold institutes, etc. It 
shall be his duty to acquaint himself with the peculiar educational 
wants of the several sections of the State, and he shall take all 
proper means to supply such wants, by counseling with County 
Boards of Education and County Superintendents, by lectures 
before teachers' institutes and by addresses to public assemblies 
on subjects relating to public schools and public school work. 

1901, c. 4, s. 9. 

4092. Duties as to loan fund. He shall go to any county when 
necessary for the due execution of the law creating a permanent 
loan fund for the erection of public school houses. He shall 
include in his annual reports a full showing of everything done 



Section 4093. • 29 

under the provisions of the law creating the permanent loan 
fund for the erection of public school buildings. 
1903, c. 751, ss. 11, 12. 

VI. SCHOOL FUNDS PROVIDED BY THE STATE. 

Summary: 1. The income of the permanent' school fund, 
OR literary fund, consists of the proceeds of the following : 

(a) LAND GRANTS FROM UNITED STATES ; (&) MONEYS, STOCKS, BONDS ; 
(C) SALES OF SWAMP LANDS; (fZ) GRANTS, GIFTS OR DEVISES. AlL 
THESE SOURCES OF INCOME ARE AT PRESENT UNPRODUCTIVE EXCEPT 

(c). The State Board of Education now uses the literary 

FUND TO aid in BUILDING SCHOOL-HOUSES, WHICH MAKES INOPERA- 
TIVE sections 4094-4096 below. See sections 4053-56. 

2. The annual State appropriation of $100,000 for public 
schools, distributed per capita according to school popula- 
tion, and an additional annual appropriation of .$100,000 for 
the purpose of securing a four months' school in all the 
school districts of the state* — in all, $200,000 annually. 

4093. Special permanent fund.. The proceeds of all lands that 
have been or may hereafter be granted by the United States to 
this State, and not otherwise appropriated by this State or the 
United States, also all moneys, stocks, bonds and any other prop- 
erty now belonging to any State fund, for the purposes of educa- 
tion, also the net proceeds of sales of swamp lands belonging to the 
State and all other grants, gifts, or devises that have been made or 
hereafter may be made to this State, and not otherwise appropri- 
ated by this State or by the terms of the grant, gift or devise, shall 
be paid into the State Treasury, and, together with so much of the 
ordinary revenue of the State as may be set apart for that purpose, 
shall be faithfully appropriated for establishing and maintaining 
a system of free public schools, as established in pursuance of the 
Constitution, and for no other purpose whatsoever. And all funds 
of the State heretofore derived from the sources enumerated in 
section fovir, article nine of the State Constitution, and all funds 
that may be hereafter so derived, together with any interest that 
may accrue thereon, shall be a fund separate and distinct from 
the other funds of the State, to be known as the State literary 
fund. 

Const, Art. IX, s. 4 ; 1901, c. 4, s. 4 ; 1903, c. 567, s. 1. 



*The sum of $7,500 for the establishment of rural libraries is deducted biennially 
from this additional $100,000. The total literary fund now amounts to $317,113.93. 



30 Sections 4094^—97. 

4094. Apportionment of income of school fund. The State 
Board of Education shall, on the first Monday in August of each 
and every year, apportion among the several counties of the 
State all the school funds which may be then in the treasury of 
the board, and order a warrant for the full apportionment to 
each county, which apportionment shall be made on the basis of 
the school population ; but no part of the permanent school fund 
shall be apportioned or distributed, but only the income therefrom. 
The State Auditor shall keep a separate and distinct account of 
the public school funds, and of the income and interest thereof, 
and also of such moneys as may be raised by State, county and 
capitation tax, or otherwise, for school purposes. 

1901, c. 4, s. 1. 

4095. Apportionment, how paid. Upon the receipt of the 
requisition of the Treasurer of any county, duly approved by the 
chairman and secretary of the County Board of Education for 
the school fund which may have been apportioned to such county, 
the State Board of Education shall issue its warrant on the State 
Auditor for the sum due such county, whereupon the Auditor shall 
draw his warrant on the Treasurer of the State Board. of Educa- 
tion in favor of such County Treasurer for the amount set forth 
in the warrant of the State Board. 

1901, c. 4, s. 2. 

4096. Warrants, how drawn and indorsed. The State Treas- 
urer shall receive and hold as a special deposit all school funds 
paid into the treasury, and pay them out only on the warrant of 
the Auditor, issued on the order of the State Board of Education 
in favor of a County Treasurer, duly endorsed by the County 
Treasurer in whose favor it is drawn, and it shall be the only 
valid voucher in the hands of the State Treasurer for the dis- 
bursement of school funds. 

1901, c. 4, s. 3. 

4097. Annual appropriation for distribution. One hundred 
thoustind dollars is hereby appropriated, annually, out of the State 
Treasury for the benefit of the public schools, to be distributed to 
the respective counties of the gtate, per capita as to school popula- 
tion, on the first Monday in January of each year, using the 
school census of the previous scholastic year as a basis of appor- 
tionment. 

■ 1901, c. 543, s. 1. ■ . . 



Sections 4098—4100. 31 

4098. Warrants, how drawn. The Superintendent of Public 
Instruction shall issue warrants upon the State Auditor for the 
amount due each county under the next preceding section, such 
warrants to be drawn in favor of the County Treasurer of each 
county, to be credited to the general public school fund .of the 
county. . . 

1901, c. 543, s. 2. 

4099. Annual appropriation to equalize schools. One hun- 
dred thousand dollars, or so much thereof as may be necessary, is 
hereby appropriated annually out of the State Treasury for the 
purpose of bringing up to the constitutional requirement for a 
four months' public school term in each school district in the 
State, those public schools whose terms, after the distribution and 
application of all other school funds, do not comply with such re- 
quirement, to be distributed and applied in the manner hereinafter 
set forth. The subsequent provisions of this subchapter shall 
apply only to the distribution of the hundred thousand dollars 
appropriated under this section, and in the event that such sum 
shall be insufBcient for the purpose specified, then it shall be 
apportioned by the State Board of Education pro rata, or in such 
manner- as that board may deem fair and equitable among the 
counties applying for aid hereunder. 

1901, c. 543, s. 3 ; 1903, c. 751, s. 3. 

4100. Reports required to obtain part of fund to equalize 
SCHOOLS. At the January meeting of each year the County Board 
of Education of each county shall report to the State Superin- 
tendent of Public Instruction the school, districts in such county 
which cannot have a four months' term, designating each by 
number and township, with a statement of funds available for 
school purposes for each of such districts, funds obtained by 
special local taxes and balances brought over from preceding 
fiscal year not to be included in such statement, the census and 
monthly running expenses thereof, the number of pupils enrolled, 
the average daily attendance, the salary paid to teachers in 
such district and such additional facts in regard thereto as may 
be required by the State Superintendent. The County Board of 
Education shall likewise report the school census of the entire 
county, the total school funds available, the total apportionment 
made at such January meeting and the total amount left unappor- 
tioned. 

1903, c. 751, s. 4. 



32 . Sections 4101—04. 

4101. State board to fix amount to be paid each school. The 
State Superintendent sball forthwith lay these facts before the 
State Board of Education, which shall thereupon, after full inves- 
tigation, fix and determine the amount which must necessarily be 
apportioned to each district to enable it to have a four months' 
term ; but in fixing such amount no consideration shall be had of 
any funds available by reason of special local taxes, and any 
rural district having funds raised by such local tax shall be 
entitled to the same appropriation under this title as if there 
had been no such funds. 

190.3, c. 751, s. 5. 

4102. Statement of appobtionment filed with auditor ; wak- 
EANTs ISSUED. When such apportionment shall have been so made, 
an itemized statement thereof shall be filed with the Auditor, who 
shall thereafter, upon the warrant of the State Superintendent 
of Public Instruction, issue his warrant upon the State Treasurer, 
payable to the County Treasurer of each of the respective counties 
in the sum shown by such itemized statement to have been appro- 
priated to such county. The amount designated as having been 
apportioned to each district shall be available for that district 
only and only for the specific purpose of providing a four months' 
school term. 

1903, c. 751, s. 6. 

4103. Schools of less than sixty-five excluded, wheIst. No 
school with a school census of less than sixty-five shall receive 
any benefit under this subchapter unless the formation and con- 
tinuance of such district shall have been for good and sufficient 
reasons, to-wit, sparsity of population or peculiar geographical 
conditions, such as intervening streams, swamps or mountains, 
such reasons to be set forth in an affidavit by the chairman of the 
county board and the County Superintendent, and to be approved 
by the State Superintendent of Public Instruction. 

1903, c. 751, s. 7. 

4104. . What necessary to procure fund for equalizing 
SCHOOLS. No appropriation shall be made to any county unless 
the County Superintendent, the chairman of the Board of County 
Commissioners and the Clerk of the Superior Court shall make 
affidavit to the efEect that all fines, penalties, forfeitures and 
other moneys properly belonging to the school fund have been 
so applied, and that the constitutional limit of taxation has been 
reached in such county. 

1903, c. 751, s. 8. 



Sections 4105—06. 33 

4105. Teachers' salaries as basis foe apportionment. In 
calculating the necessary montlily expenses of districts applying 
for aid under this subchapter, not more than the average monthly 
salary paid white" teachers in the State for the preceding year 
shall be allowed each white teacher, and not more than the 
average monthly salary paid colored teachers in the State for 
the preceding year shall be allowed each colored teacher, and no 
second-grade teacher of either race shall be allowed more than 
the salary paid second-grade teachers of that race in that county. 
And to any school having more than one teacher only such average 
salary shall be allowed for every thirty-five pupils enrolled therein. 

1903, c. 751, s. 9. 

4106. Excessive appropriations foe school-houses exclude 
FROM benefits OF THIS SUBCHAPTER.' No appropriation shall be 
made to any county wherein has been expended or set aside dur- 
ing the fiscal year for the purpose of building school-houses a 
percentage of the total school fund of such county greater than 
the following: In counties with a total school fund of five thou- 
sand dollars or less, not to exceed twenty per centum thereof ; in 
counties with a total school fund of over five thousand dollars 
and not more than ten thousand dollars, not to exceed sixteen 
per centum thereof; in counties with a total school fund of over 
ten thousand dollars and not more than twenty-five thousand dol- 
lars, not to exceed ten per centum thereof; in counties with a total 
school fund of over twenty-five thousand dollars, not to exceed 
seven and one-half per centum thereof. Nor shall any appropriation 
be made under this subchapter to any county if it appear that the 
requirements of the school law in regard to the apportionment 
of funds to the various districts have not been complied with 
in all respects. 

1903, c. 751, s. 10. 

VII. SCHOOL FUNDS PROVIDED BY COUNTY AND LOCAL 
TAXATION AND APPORTIONMENT OF THE SAME. 

Summary: 1. The proceeds of the sale of estrays ; all fines, 
penalties and forfeitures ; liquor license taxes, and auction- 
eers' license tax. 

2. The proceeds of three-fourths of the general poll tax, 
the maximum of which is two dollars, on all male persons 
between 21 and 50 years of age.* 

3. The proceeds of an 18 cents tax on each $100 assessed 
valuation of real and personal property.* 



*Revisal 1905, sections 5109 and 5110 ; Constitution, Art. V, sections 1 and 2. 

3 



34 Sections 4107—08. 

4. The proceeds of a maximum special tax of 30 cents on each 
$100 assessed valuation of property and 90 cents on each poll 
may be levied by a majority vote of the qualified voters of 
any incorporated tovs^n or school district. 

5. The proceeds of' a maximum tovpnship high school tax 
OF 30 cents on each $100 assessed valuation of property and 

90 CENTS on each POLL MAY BE LEVIED BY A MAJORITY VOTE OF 

the qualified voters of any township. 

6. The proceeds of such special school tax as any town 
or city by its charter or by a special act of the general 
Assembly may acquire the eight to levy by the approval of 
A majority of its qualified voters. 

The apportionment of the proceeds of the State funds and 

those included in 1-3 ABOVE IS CONTROLLED BY THE COUNTY 

Boards of Education according to section 4116 below ; all 
other school funds are entirely under the control of the 
local school committees or* boards of education. 

4107. County educational fund for free public schools. All 
moneys, stocks, bonds and other property belonging to a county 
school fund, also the net proceeds froyi sales of estrays, also the 
clear proceeds of all penalties and forfeitures, and of all fines 
collected in the several counties for any breach of the penal or 
military laws of the State, and all moneys which shall be paid 
by persons as equivalent for exemption from military duties ; 
also the net proceeds of any tax imposed on licenses to retailers 
of wines, cordials, or spirituous liquors and to auctioneers, shall 
belong to and remain in the several counties, and shall be faith- 
fully appropriated for establishing and maintaining free .public 
schools in the several counties as established in pursuance of the 
Constitution. The amount collected in each county shall be 
reported annually to the State Superintendent of Public Instruc- 
tion. 

Const, Art. IX, s. 5 ; 1901, c. 4, s. 5. 

410S. County officers file list of fines and penalties with 
County Board of Education. The clerks of all State and munic- 
ipal courts and the clerks or other officials having in custody the 
records of any city or town in the State shall furnish to the 
County Board of Education of their respective counties, on the 
first Monday of July and January of each year, a detailed state- 
ment of fines, forfeitures and penalties which go to the school 
fund that have been imposed, or which have accrued. 
" 1901, c. 4, s. 62. 



Sections 4109—11, 35 

4109. Tax-lists to have separate columns for school taxes. 
The Auditor shall include on the form which he furnishes to the 
Board of County Commissioners and on which the tax-lists are to 
be made out, separate columns for school poll tax and school 
property tax and for special county and district taxes on property 
and polls. In one of these columns shall be written the total poll 
tax levied by the State and by the county authorities for schools, 
and due by the tax-payer. In the other column shall be written 
the total property tax levied by the State and by the county 
authorities, and due by the tax-payer. 

1901, c. 4, s. 60. 

4110. Register of Deeds to furnish abstracts of tax-lists to 
COUNTY board. The Register of Deeds shall furnish to the County 
Board of Education, as soon as the tax-lists are made out, an 
abstract of such lists, showing in separate columns the total 
amount of poll tax on such lists, and also the total amount of 
property tax thereon, and also in another column the amount of 
special county and district poll taxes, and in a separate column 
the amount of special county and district property taxes; and 
shall furnish such other information from his office as the County 
Board of Education may require. 

1901, c. 4, s. 61. 

4111. Sheriff's liability, civil and criminal, for failure to 
settle school tax. The Sheriff of each county shall pay annually 
in money, to the treasurer of the county school fund, on or be- 
fore the thirty-first day of December of each year, the whole 
amount for school purposes collected by both State and county, 
less his lawful commission for collecting the same, and such sum 
as may be allowed on account of insolvents for the current year; 
and on failing to do so shall be liable to an action on his official 
bond for his default in such sum as will cover such default, such 
action to be brought to the next ensuing term of the Superior 
pourt in the name of the State upon the relation of the Board of 
County Commissioners. In making settlement with the Treasurer 
the Sheriff or tax collector shall make separate account of insol- 
vents and delinquents allowed, whether on property or capitation 
tax. The County Superintendent shall make copies of the fines 
and penalties reported by justices of the peace and reported to 
Clerk of Superior Court and file the same with the county board. 

Code, s. 723 ; 1901, c. 4, s. 54 ; 1905, c. 533, s. 20. 



36 Sections 4112—13. 

4112. Special tax for support of public schools. If the tax 
levied for the State for the support of the public schools shall be 
insufficient to maintain one or more schools in each school dis- 
trict for the period of four months, then the Board of Commis- 
sioners of each county shall levy annually a special tax to supply 
the deficiency for the support and maintenance of such schools for 
the period of four months or more. The tax shall be collected by 
the Sheriff in money, and he shall be subject to the same liabili- 
ties for the collection of and accounting for such tax as for other 
taxes. The tax shall be levied on all property, credits and polls of 
the county ; and in the assessment of the amount on each the 
Commissioners shall observe the constitutional equation of taxa- 
tion ; and the funds thus raised shall be expended in the county 
in which collected, in such manner as the County Board of Edu- 
cation may determine for maintaining the public schools for four 
months at least in each year. But the County Board of Educa- 
tion shall not be required to expend upon a district containing 
less than sixty-five pupils the same sum it may give to larger 
districts, notwithstanding an inequality of length of school terms 
may be the result. The County Board of Education, on or before 
the annual meeting of the Commissioners for levying county taxes, 
shall make an estimate of the amount of money necessary to 
maintain the schools for four months and submit it to the Board 
of County Commissioners. 

1901, c. 4, s. 6. 

4113. Special tax may be voted for township high schools. 
In any township upon petition of one-fourth of the freeholders of 
the township, approved by the County Board of Education, the 
Board of County Commissioners, after thirty days' notice at the 
court-house door and three public places in the township, shall 
hold an election to ascertain the will of the people within the 
township whether there shall be levied in said township a special 
annual tax of not less than ten cents nor more than thirty cents 
on the one hundred dollars valuation of property and not less 
than thirty cents nor more than ninety cents on each poll, in addi- 
tion to all other taxes levied for all other purposes, to be used 
for the establishment of a central high school or high schools in 
said township in case such special tax is voted. The Board of 
County Commissioners shall appoint a registrar and order a new 
registration for said township, and said election shall be held in 
the said township under the law governing general elections as 
nearly as may be, and the expenses of such election shall be paid 



Section 4113. 37 

out of the general county school fund. At said election those 
who are in favor of the levy and collection of said tax shall 
vote a ticket on which shall be printed or written the words "For 
High School Tax," and those who are opposed shall vote a ticket 
on which shall be printed or written the words "Against High 
School Tax." In case a majority of the qualified voters at said 
election are in favor of said tax, then so much of the tax on 
property and polls herein provided for as in the judgment of the 
committee may be necessary shall be annually levied and collected 
in the manner prescribed for the levy and collection of other 
taxes. All moneys levied under the provisions of this section 
shall upon collection be placed by the treasurer of the county 
school fund to the credit of the township high school committee, 
composed of three members, appointed by the County Board of 
Education, and shall be expended exclusively by said committee 
in establishing and maintaining one or more high schools in said 
township under such rules and regulations as to its conduct- and 
such course or courses of study as shall be prescribed by the 
State Superintendent of Public Instruction. The powers, duties 
and. qualifications of the committeemen provided for in this sec- 
tion shall be similar to those of other school committeemen, and 
they shall have the same power to apportion the funds so raised 
as is conferred upon the County Board of Education for appor- 
tionment of the general fund among the schools of the township. 
And the provisions of this section shall not be so construed as to 
prevent the teaching of the elementary branches in such high 
schools as may be established nor so construed as to prevent the 
County Board of Education from making such apportionment of 
public school funds to such high schools as they may deem equita- 
ble and just : Provided, that township high schools may also be 
established without the levying of a special high school township 
tax where the public funds are sufficient for that purpose, under 
such rules and regulations as to organization and course of study 
as the State Superintendent of Public Instruction shall prescribe : 
Provided further, that high school subjects may be taught in all 
public schools employing, more than one teacher according to such 
rules and regulations as to organization and course of study as 
shall be prescribed by the State Superintendent of Public Instruc- 
tion where the public funds are sufficient to provide for such 
teaching ; but the high school branches taught in such schools 
shall not interfere with the thorough teaching of the elementary 
branches. 

1905, c. 533, s. 13. " 



38 Sections 4114—15. 

4114. Special tax may be voted in cities and towns. In every 
incorporated city or tovrn in which there is not now levied a 
special tax for schools, upon a petition signed by one-fourth of the 
freeholders therein, the Board of Aldermen or Town Commissioners 
of said city or town shall, at the date of municipal or general 
election next ensuing, upon the presentation of said petition, 
order an election to be held to ascertain the will of the people 
whether there shall be levied in such city or town a special annual 
tax of not more than thirty cents on the one hundred dollars val- 
uation of property and ninety cents on the poll to supplement the 
public school fund in such city or town. Said election shall be 
held in the different election precincts or wards under the law 
governing municipal or general elections in said cities or towns. 
At said election those who are in favor of the levy and collection 
of said tax shall vote a ticket on which shall be printed or writ- 
ten the words "For Special Tax," and those who are opposed 
shall vote a ticket on which shall be printed or written the words 
"Against Special Tax." In case a majority of the qualified voters 
at said election is in favor of said tax, the same shall be annually 
levied and collected in such town or city in the manner prescribed 
for the levy and collection of other city taxes. All moneys levied 

- under the provisions of this section shall, upon collection, be 
placed to the credit of the town school committee, composed of 
not less than five nor more than seven members, appointed by the 
Board of Aldermen for said city or town, and shall be, by said 
committee, expended exclusively upon the public schools in said 
city or town ; and there shall be but one school district in the 
said city or town, in which there may be established one or more 
schools for each race; and the school committee shall apportion 
the money among said schools in such manner as in their judg- 
ment will equalize school facilities. 
1901, c. 4, s. 71. 

4115. Special, tax may be voted in special school districts. 
Special school tax districts may be formed by the County Board 
of Education in any county without regard to township lines 
under the following conditions : Upon a petition of one-fourth of 
the freeholders within the proposed special school district, en- 
dorsed by the County Board of Education, the Board of County 
Commissioners, after thirty days' notice at the court-house door 
and three public places in the proposed district, shall hold an 
election to ascertain the will of the people within the proposed 
special school district whether there shall be levied in such dis- 



Section 4115. 39 

trict a special annual tax of not more than thirty cents on the 
one hundred dollars valuation of property and ninety cents on 
the poll to supplement the public school fund, which may be ap- 
portioned to such district by the County Board of Education, in 
case such special tax is voted. The Board of County Commis- 
sioners shall appoint a registrar and, tico poll-holders and shall 
designate a polling-place and order a new registration for such 
district, and the election shall be held in the district under the 
law governing general elections as near as may be, and the regis- 
trar and poll-holders shall canvass the vote cast and declare the 
result, and shall duly certify the returns to the Board of County 
Commissioners, and the same shall he recorded in the records of 
said Board of Commissioners: Provided, ' the expense of holding 
said election shall be paid out of the general school fund of the 
county. At such election those who are in favor of the levy and 
collection of the tax shall vote a ticket on which shall be printed 
or written the words "For Special Tax," and those who are op- 
posed shall vote a ticket on which shall be printed or written the 
words "Against Special Tax." In case a majority of the qualified 
voters at the election is in favor of the tax, the same shall be 
annually levied and collected in the manner prescribed for the 
levy and collection of other taxes. All moneys levied under the 
provisions of this section shall, upon collection, be placed to the 
credit of the school committee in such district, which committee 
shall be appointed by the County Board of Education; and such 
school committee shall apportion the money among the schools in 
such district in such manner as in its judgment shall equalize 
school facilities. Upon the tvritten request of a majority of the 
committee or trustees of any special tax district, the County 
Board of Education may enlarge the 'boundaries of any special 
tax district established under this section, so as to include any 
contiguous territory, and an election in such new territory may 
be ordered and held in the same manner as prescribed in this sec- 
tion for elections in special tax districts; and in case a majority 
of the qualified voters in such new territory shall vote at such 
election in favor of a special tax of the same rate as that voted 
and levied in the special tax district to which said territory is 
contiguous, then the new territory shall be added to and become a 
part of the said special tax district; and in case a majority of 
the qualified voters at such election shall vote against said tax, 
the district shall not be enlarged. 

1901, c. 4, s. 72 ; 1903, c. 435, s. 24 ; 1905, c. 533, s. 14. 



40 Section 4116. 

[This section provides a tvay hy which local tax districts 
already established may te enlarged. If any district desires to 
repeal the special tax, the privilege of voting on the repeal must 
he granted by a special act of the Legislature and a majority of 
the qualified voters of the district must approve the repeal of the 
tax.'\ 

4116. Apportionment of school funds ; eeseevation of con- 
tingent fund; The County Board of Education shall, on the first 
Monday in January and the first Monday in July of each year, 
apportion the school fund of the county to the various townships 
per capita ; but it shall, before apportioning the school fund to 
the various townships, reserve, as a contingent fund, an amount 
sufiicient to pay the salary of the County Superintendent and 
per diem and expenses of the County Board of Education ; and 
shall set aside one-sixth, if necessary, of the total school fund to 
be used in securing a four months' school term in every school 
in the county ;■ and may further reserve, as a fund for building 
and repairing school-houses and for equipment, in counties with 
a total school fund of five thousand dollars or less, not more 
than twenty per centum thereof ; in counties with a total school 
fund of over five thousand dollars and not more than ten thou- 
sand dollare, not more than sixteen per centum thereof ; in coun- 
ties with a total school fund of over ten thousand dollars and not 
more than twenty-five thousand dollars, not more than ten per 
centum thereof ; in counties with a total school fund of over 
twenty -five thousand dollars, not more than seven and a half per 
centum thereof ; to be used as directed in section four thousand 
one hundred and twenty-four. It shall be the duty of the County 
Board of Education to distribute and apportion the school money 
of each township so as to give to each school in the township for 
each race the same length of school term as nearly as may be 
each year. In making such apportionment the board shall have 
proper regard for the grade of work to be done and the qualifica- 
tions of the teachers required in each school for each race. As 
soon as the apportionments are made it shall be the duty of the 
board to notify the school committeemen and the treasurer of 
the county school fund of the amount apportioned to each school, 
designating each school by number, and stating whether for 
white, colored or Indian, and naming the township and county. 
Funds unused by any district during any year shall, if still unused 
at the January meeting subsequent to the close of the school year, 
be returned to the general school fund for reapportionment, unless 



SectiOjST 4116. 41 

such district shall have been prevented from using such funds 
during that year by providential or other unavoidable causes. 

1901, c. 4, s. 24 ; 1903, c. 435, s. 9. 

[No county which does not apportion its school fund according 
to this section can legally asJc for aid from the second $100,000. 
The apportionment of the school fund, therefore, strictly accord- 
ing to this section is .highly important. The following are the 
successive steps to oTiserve: 

1. Determine, first of all, lohat the total school fund is. 

2. Next reserve the, contingent fund to pay the salary of the 
County Superintendent and the mileage, per diem, and expenses 
of the county board. 

3. Reserve, if necessary, what may be needed for building, 
observing that the amount for- this purpose is limited according 
to the amount of the total fund. 

4. Ascertain the school population of the whole county and 
calculate what the per capita is for each child, after deducting 
the sum of the contingent fund and the building fund. 

5. Multiply the per capita tjius found by the whole number of 
children in each township, which %oill give the apportionment due 
each toivnship. 

6. Then fix the salary to be paid the teacher, tohite or black, 
of each school in each township, and also fix the amount of inci- 
dental expenses for each school. The sum of the salary for the 
term, and the incidental expenses toill be the apportionment to 
each district. 

7. After this has been done, it can be easily ascertained what 
townships, if any, will not have a four months' term, and what 
townships, if any, will have more than a four months' term,. If 
no township can thus be given a four months' term, the apportion- 
ment is then complete; but if it is found that some toicnships by 
this method ivill have more than a four months' term and some 
less, then, as much of the school fund of those townships which 
will have more than a four months' term must be used to secure 
to all the schools of the other townships an increased school 
term, by as much as one-sixth of the total fund apportioned toill 
increase it. In other words, an amount equal to one-sixth of the 
total - fund apportioned as above directed, if necessary, should be 
taken from the apportionment to the stronger toicnships tohich 
will have more th'an a four months' term and used to aid the 
'tveaker totonships to have as nearly as possible a four months' 
term. This reserve fund should be taken pro rata from the 



42 Sections 4116 — 17. 

stronger totonsMps and added to the fund of the weaker town- 
ships so as to equalize the school term. 

8. If the apportionment made hy adhering to the instructions 
in 1-6 ahove will result in giving all the schools of all the toion- 
ships more than a four months' term, dut will give to some totcn- 
ships a much longer term than to others, then it is the spirit of 
the law to use as much as one-sixth of the. total fund apportioned 
to equalise the school term in the loeaker townships. 

It should alicays 6e rememhered that no per capita apportion- 
m-ent of the school fund directly to the district is a legal appor- 
tionment in any county, under this section, and that no other 
method of apportionment than that outlined above is legal and 
equitaMe. For instance, if one first-grade salary is fixed for a 
district containing sixty-five children of school age, and one first- 
grade salary is fixed for another district containing forty-five 
children of school age in the same totvnship, the apportionment 
to each district would necessarily have to he the same, unless 
there was a difference in the necessary incidental expenses or in 
the Icind of first-grade teacher to he employed. The law contem- 
plates only an apportionment to the toionship per capita, and 
then such a distrihution of the funds of the township as will give 
each district in the township, large or small in population, the 
same length of school term. This cannot he done, unless the 
hoard fixes the salary to he paid the teacher' of each school in 
the totvnship and apportions the school fund of the toionship 
accordingly. Of course, it would he entirely proper not to fix the 
same salary for every first-grade teacher, without regard to the 
grade of toork required in each school and the qualifications of 
individual first-grade teachers. What has heen said ahove does 
not apply to special local tax funds under the control of the 
school committees. And finally, the term, "weak districts," neces- 
sarily applies to all the districts of a toionship, for there can 
otherwise he provided no such equality of school term in the 
townships as this section contemplates.] 

4117. Apportionment, basis of. The semi-annual apportion- 
ment of public school money shall be based upon the amounts 
actually received by the County Treasurer from all sources and 
reported by him to the County Board of Education as required 
by this chapter. 

1901, c. 4, s. 25. 



Section 4118. 43 

4118. Fiscal school year. The fiscal school year shall begin 
on the first day of July and close on the thirtieth day of June 
next succeeding. 

1901, c. 4, s. 67. 

Decisions of the Superintendent. 

Would the investment of the proceeds of the sale of old school 
property in new property reduce by the amount of such proceeds 
the part of the general county school fund that may J)e annually 
invested in school buildings? 

The purpose of limiting the amount of the school fund that can 
be annually expended for school buildings was to prevent the 
hurtful decrease of the school term. Using the proceeds of the 
sale of old school property for new and better property is simply 
exchanging school property, and need not be accounted for in the 
annual apportionment of the school fund of the county. 

Houi may a special school tax levied under the Law of 1901 -6e 
repealed? 

The law of 1901 does not provide any machinery by which a 
tax voted under its provisions may be repealed. In order to 
repeal such a tax, it would be necessary for the General Assembly 
to enact a law empowering the district to vote to repeal the tax 
in the same way by which it voted to establish the. tax. 

VIII. THE POWERS AND DUTIES OF THE COUNTY BOARD 
OF EDUCATION. 

Summary: The county board is composed of three members 
elected by the general assembly for a term of two years. 
Corporate powers ' as to acquiring, holding and disposing of 

SCHOOL property ARE CONFERRED ON THIS BOARD, AND IT HAS ADDI- 
TIONAL POWER TO MAKE REGULATIONS GOVERNING THE ATTENDANCE 
OF PUPILS ON THE SCHOOLS AND OF TEACHERS ON EDUCATIONAL 
MEETINGS. This board also controls the TIME THE SCHOOLS 
MAY BE IN SESSION, THE BUILDING AND REPAIR OF ALL SCHOOL- 
HOUSES, AND MAY CREATE OR ABOLISH OR CONSOLIDATE SCHOOL DIS- 
TRICTS. In ADDITION TO THE EXERCISE OF THE USUAL CORPORATE 
POWERS, THIS BOARD MAY CONDEMN LAND FOR SCHOOL SITES AND 
MAY PUNISH FOB CONTEMPT. ALL NECESSARY POWER TO ENFORCE THE 
SCHOOL LAW IS CONFERRED ON THIS BOARD, WITH EXPLICIT POWER TO 
REMOVE THE COUNTY SUPERINTENDENT UPON THE COMPLAINT OF 

THE State Superintendent, and to remove any teacher for 

IMMORAL CONDUCT. 



44 Sections 4119—21. 

4119. ELECTiOiSr of ; vacancies in. how filled. The General 
Assemblj^ shall biennially appoint three men in each county, of 
good business qualifications and known to be in favor of public 
education, who shall constitute the County Board of Education. 
The term of office of the members of the County Board of Educa- 
tion so appointed shall begin on the first Monday in July next 
succeeding their appointment, and shall continue for two years 
and until their successors are duly appointed and qualified. In 
case of a vacancy in the County Board of Education by death, 
resignation or otherwise, such vacancy shall be filled by the re- 
maining members of such county board ; but if such vacancy 
should remain unfilled for thirty days after it occurs, it shall be 
filled by the State Board of Education. Upon failure of the Gen- 
eral Assembly to appoint the three members of the County Board 
of Education for any county as herein provided, or any one or 
more of such members, such failure shall constitute a vacancy, 
which shall be filled by the State Board of Education : Provided, 
that no person while actually engaged in teaching in the public 
schools shall be eligible as a member of the County Board of 
Education. 

1901, c. 4, s. 12 ; 1903, c. 269, c. 435, s. 3 ; 1905, c. 533, s. 3. 

4120. Qualification of members ; failure to qualify ; va- 
cancy. Those persons who shall be appointed members of the 
County Board of Education by the General Assembly must qualify 
by taking the oath of office on or before the first Monday in July 
next succeeding their appointment. A failure to qualify within 
that time shall constitute a vacancy, which shall be filled by the 
State Board of Education. Those persons who shall be elected 
or appointed to fill a vacancy must qualify within thirty days 
after notification thereof. A failure to qualify within that time 
shall constitute a vacancy, to be filled by the board which made 
such election or appointment. 

4121. Incorporated ; powers and duties of. The County Board 
of Education shall be a body corporate by the name and style of 

The County Board of Education of County, and by 

that name shall be capable of purchasing and holding real and 
personal estate, of building and repairing school-houses, of selling 
and transferring the same for school purposes, and of prosecuting 
and defending suits for or against the corporation. It shall have 
power and authority, and it shall be its duty, to institute and 
prosecute any and all actions, suits or proceedings against any 
and all officers, persons or corporations, or their sureties, for the 



Sections 4122—24. 45 

recovery, preservation and application of all moneys or property 
which may be due to or should be applied to the support and main- 
tenance of the schools, except in case of a breach of his bond by 
the treasurer of the county school fund, in which case action 
shall be brought by the County Commissioners as is hereinafter 
provided. 

1901, c. 4, s.. 13 ; 1903, c. 485, s. 4. 

4122. Rules and eegulations for schools, teachers and pu- 
pils. The County Board of Education shall have power and 
authority to fix and determine the methods of conducting the 
public schools in their respective counties so as to furnish the 
most advantageous methods of education available to the chil- 
dren attending the public schools in the several counties of the 
State ; and such board and the County Superintendent of Public 
Instruction shall have full power to make all just and needful 
rules and regulations governing the conduct of teachers and 
pupils as to attendance on the schools, discipline,- tardiness and 
the general government of the schools. 

1903, c. 435, s. 4. 

[TJncler the provisions of this section the county hoard and the 
County Superintendent may make and enforce such attendance 
regulations as may be necessary -to secure regular and prompt 
attendance on the part of the children. The same authority may 
also regulate the attendance of teachers on all meetings tvhich 
may he thought to promote educational progress.'] 

4123. Time of opening and closing schools. The time of open- 
ing and closing the public schools in the several public school dis- 
tricts of the State shall be fixed and determined by the County 
Boards of Education in their respective counties. The board may 
fix different dates for opening the schools in different townships, 
but all the schools of each township must open on the same date 
as nearly as practicable. 

1903, c. 435, s. 4. 

[This section simply means that the school term must not he 
divided and taught during different seasons of the year, unless 
some epidemic or other providential cause interferes loith the 
regular term. The county hoard must exercise this control, if it 
would carry out the provisions of section JflW.] 

4124. School-houses, building and approval of ; contracts 
FOR. The building of all new school-houses shall be under the con- 
trol and direction of and by contract with the County Board of Ed- 



46 Sections 4124 — 25. 

ucation. The board shall pay not exceeding one-half of the cost of 
the same out of the fund set aside for building under section four 
thousand one hundred and sixteen, and the school district in 
which any school-house is erected shall pay the other part, and 
upon failure of such district to provide its part by private sub- 
scription or otherwise the board is directed to take it out of the 
apportionment to that district. But the board shall not be author- 
ized to invest any money in any new house that is not built in 
accordance with plans approved by the State Superintendent of 
Public Instruction. All contracts for buildings shall be in writing 
and all buildings shall be inspected, received and approved by 
the County Superintendent of Public Instruction before full pay- 
ment is made therefor. 

1903, c. 435, s. 4. • • 

[This means that the county hoard, out of the 'building fund 
which it may reserve by the provisions of section Ji^llG, shall pay 
one-half the cost of building any new school-house, the other half 
of the expense to be borne by the district. But the board has com- 
plete control of the whole subject, and may forbid the erection of 
a. school-house in a district tohich ought not to exist. It 'inust 
be remembered that no house can be built except it is built in 
accordance with plans approved by the State Superintendent, and 
the county board is charged xoith the duty of carrying into effect 
this provision to secure neat, comfortable, and attractive houses. 
Pamphlets containing plans of such houses as ivill be approved 
by the State Superintendent, together loith specifications, esti- 
mates of cost and bills for material, will be furnished by the 
State Superintendent on application.] 

4125. Power of, . to execute school law. In addition to all 
other duties and powers imposed and conferred upon it by law, 
the County Board of Education shall have general control and 
supervision of all matters pertaining to the public schools in their 
respective counties and are given the powers to execute, and is 
charged with the due execution of, the school laws in their 
respective counties ; and all powers and duties conferred and 
imposed by this chapter and other laws of the State respecting 
public schools, which are not expressly conferred and imposed 
upon some other ofiScial, are conferred and imposed upon the 
County Boards of Education; and an appeal shall lie from all 
other county school officers to such board. 

1901, c. 4, s. 14. 



Sections 4126—27. 47 

4126. Removal of County Superintendent, membees of county 
BOABD, AND SCHOOL COMMITTEEMEN. In case the State Superintend- 
ent shall have sufBcient evidence at any time that any County 
Superintendent of Public Instruction or any member of the 
County Board of Education is not capable of discharging, or is 
not discharging, the duties of his office as required by this chap- 
ter, or is guilty of immoral or disreputable conduct, he shall 
report the matter to the County Board of Education, which shall 
hear evidence in the case, and if, after careful investigation, it 
shall find sufficient cause for his removal, it shall declare the 
office vacant at once and proceed to elect his successor. Either 
party may appeal from the decision of the County Board of Edu- 
cation to the State Board of Education, which shall have full 
power to investigate and, review the decision of the County Board 
of Education. This section shall not deprive any County Super- 
intendent of the right to try his title to his office in the courts 
of the State. In case the County Superintendent shall have suffi- 
cient, evidence at any time that any member of any school com- 
mittee is not capable of discharging, or is not discharging, the 
duties of his office, he shall bring the matter to the attention of 
the County Board of Education, which shall thoroughly investi- 
gate the charges and shall remove such committeeman and ap- 
point a successor if sufficient evidence shall be produced to war- 
rant his removal and the best interest of the schools demand it. 

1901, c. 4, ss. 10, 42. 

4127. May hold investigations ; issue subpcenas ; service of 
SAME ; appeal to Superior Court. The County Board of Educa- 
tion shall have power to investigate and pass upon the moral 
character of any teacher in the public schools of the county, and 
to dismiss such teacher, if found of bad moral character ; also to 
investigate and pass upon the moral character of any applicant 
for a teacher's certificate or for employment as teacher in any 
public school in the county. Such investigation shall be made 
after written notice, of not less than ten days, to the person whose 
character is to be investigated. The board shall have power to 
issue subpoenas for the attendance of witnesses. Subpoenas may 
be issued in any and all matters which may lawfully come within 
the powers of the board, and which, in the discretion of the board, 
require investigation. And it shall be the duty of the sheriffs, 
coroners, and constables to serve such subpoenas upon payment 
of their lawful fees. Appeals provided for in this chapter shall 
be regulated by rules to be adopted by the board. The Superior 



48 Sections 4128—30. 

Courts of the State may review any action of the County Board 
of Education afCecting any one's character or right to teach. 
1901, c. 4, s. 15. 

4128. PowEE TO PUNISH FOB CONTEMPT. The Couuty Board of 
Education of each county shall have power to punish for con- 
tempt, for any disorderly conduct or disturbance tending to inter- 
rupt it in the transaction of official business. 

1901, c. 4, s. 28. 

4129. School districts, how foemed. The County Board of 
Education shall divide the townships into convenient school dis- 
tricts, as compact in form as practicable. It shall consult the 
convenience and necessities of each race in setting the bounda- 
ries of the school district for each race, and shall establish no 
new school in any township within less than three miles by the 
nearest traveled route of some school already established in said 
township ; nor shall it create any school district ■ with less than 
sixty-five children of school age. Nothing in this chapter shall 
prevent the board, whenever it shall deem it necessary for the 
good of the public schools, from forming a school district out of 
portions of two or more contiguous townships. School districts 
may be formed out of portions of contiguous counties by agree- 
ment and consent of the County Boards of Education of the two 
counties ; and, in case of the formation of such districts, the per 
capita part of the public school money due the children residing 
in one county shall be apportioned by the County Board of Edu- 
cation of that county and paid to the treasurer of the other 
county in which the school-house is located, to be placed to the 
credit of the school district so formed. 

1901, c. 4, s. 29 ; 1903, c. 435, s. 12 ; 1905, c. 533, s. 7. 

[This section limits the power of the county hoard in the crea- 
tion of new districts. No district with less than 65 school popu- 
lation may lie established, and then only when the new school- 
house loill he farther than three miles from any other existing 
house. This section enables the board to consolidate districts and 
relocate the school-houses to the best advantage.] 

4130. May accept donations ; may sell school pkopeety. The 
County Board of Education may receive any gift, grant, donation 
or devise made for the use of any school within its jurisdiction. 
When, in the opinion of the board, any school-house, school- 
house site, or other public school property has become unnecessary 
for public purposes, it may sell the same at public auction after 



Sections 4131—32. 49 

advertisement of twenty clays at three public places in the county, 
or at private sale. The deed for the property thus sold shall be 
executed by the chairman and secretary of the board, and the 
proceeds of the sale shall be paid to the treasurer of the county 
school fund. 

1901, c. 4, ss. 30, 36. 

4131. School sites may be acquieed by gift, purchase ok con- 
demnation. The County Board of Education may receive suitable 
sites for school-houses by donation or purchase. In case of pur- 
chase it shall issue an order on its treasurer for the purchase- 
money, and upon payment of the order the title to the site shall 
vest in the corporation in fee-simple. Whenever the board is 
unable to obtain a suitable site for a school by gift or purchase, 
it shall report to the County Superintendent of Public Instruction, 
who shall, upon five days' notice to the owner of the land, apply 
to the Clerk of the Superior Court of the county in which the 
land is situated, for the appointment of three appraisers, who 
shall lay off, by metes and bounds, not more than two acres, and 
assess the value thereof. The same means may be used to obtain 
more land in a district where there is a house or a site previously 
obtained, but not more than two acres shall be procured, includ- 
ing the site already obtained. They shall make a written report 
of their proceedings, to be signed by them, or by a majority of 
them, to the Clerk within five days from their appointment, who 
shall enter the same upon the 'records of the Court. The ap- 
praisers and officers shall serve without compensation. If the 
report is confirmed by the Clerk, the chairman and the secretary 
of the board shall issue an order on the treasurer of the county 
school fund in favor of the owner of the land thus laid off, and 
upon the payment or offer of payment of this order the title to 
such land shall vest in fee-simple in the corporation. Any person 
aggrieved by the action of the appraisers njay appeal to. the 
Superior Court in term, upon giving bond to secure the board 
against such costs as may be incurred on account of the appeal 
not being prosecuted with effect. 

1901, c. 4, s. 31 ; 1903, c. 435, s. 13 : 1905, c. 533, s. 8. 
[Several acres of land ought always to be secured for the site 
of a rural school.] 

4132. Deeds to be filed with Clerk ; secretary to keep index. 
All deeds to the County Board of Education shall be registered 
and delivered to the Clerk of the Superior Court for safe-keeping, 
and the secretary of the County Board of Education shall keep 



50 Sections 4133—34. 

an index, by township and school districts, of all such deeds in 
a book for that purpose. 

1901, c. 4, s. 32; 1903, c. 435, s. 14. 

[This section requires the County Superintendent to keep a 
convenient- index of the deeds for all the school property of the 
county.] 

4133. Meetings of; duties at. The County Board of Education 
■shall meet on the first Monday in- January, April, July and Octo- 
ber, and maj% if necessary, continue in session two days, and it 
may haA^e called meetings, of one day each, as often as once a 
month if the school business of the county require it. It shall at 
the meeting in January, April, July and October, examine the 
books and vouchers, and audit the accounts of treasurer of the 
county school fund. The boards of education of the several coun- 
ties shall cause to be published annually on the first Monday of 
July the report of the treasurer of the school fund. 

1891, c. 460; 1901, c. 4, s. 27; 1903, c. 435, s. 26; 1905, c. 
533, s. 21. 

4134. Superintendent and tkeasueer to meet with, in July, 
TO settle all business of fiscal year. On the first Monday in 
July, the County Board of Education, County Superintendent of 
Public Instruction and treasurer shall meet at the oflice of the 
board and settle all the business of the preceding fiscal year. The 
board shall on that day examine the reports of treasurer and 
County Superintendent, and, if found correct, shall direct them 
to be forwarded to the State Superintendent, within thirty days 
thereafter. 

. 1901, c. 4, s. 59 ; 1903, c. 435, s. 20. 

Compensation of members of board. The members of the 
County Board of Education shall receive two dollars per diem 
and the same mileage as is allowed to the members of the Board 
of County Commissioners of their counties. 

Revisal of 1905, v. I, c. 66, s. 2786. 

Decision State Superintendent. 

What is the duty of the county hoard in the selection of a 
Superintendent f 

The board has no more important duty than this, of electing a 
County Superintendent. I beg to urge the observance of the fol- 
lowing in the selection of a County Superintendent : 

(1) Without fear, without prejudice, political or sectarian, hav- 
ing before your eyes only the welfare of the children and the suc- 
cess of the public schools, select the most competent man to be had 



Decisions. 51 

for the money, choosing him from your county if such a man is. 
to be found there, and if not to be found in the county, seeking 
him wherever he can be found, as the law permits. (2) If your 
present County Superintendent possesses the necessary qualifica- 
tions for a successful administration of his delicate, difficult and 
important duties, as I trust he may, re-elect him and give him a 
chance to show what is in him and to make a greater success of 
his work, by paying him, if possible, a sufficient salary, under 
section 2782, to justify him in giving all his time and thought 
to the work of supervision, and to justify you in requiring him 
to do this. (3) Take advantage of the law and pay your Super- 
intendent as large a salary as your school fund will justify, but 
be sure that you get more man and more time for more ■money. 

IX. THE POWERS AND DUTIES OF THE COUNTY 
SUPERINTENDENT. 

Summary: The County Superintendent is elected fob a teem 
OF two years by the county board, on the first Monday in 
July. He must be a man of liberal education and of good moral 
character, and must also be a practical teacher or have had 
two years' experience in teaching. during the public school 
term he mu^t visit the public schools, and he cannot engage in 
school work which will nullify this requirement. the 
County Superintendent is secretary of the county board, and 

MUST HAVE HIS OFFICE AT THE COUNTY-SEAT. He IS REQUIRED TO 
hold township teachers' MEETINGS, SUPERVISE THE WORK OF 

the teachers, attend the state association of county super- 
intendents, must instruct committeemen as to their duties, 
must distribute the blank forms furnished him by the state 
Superintendent, must make reports to the State Superin- 
tendent, AND he must furnish STATISTICS AS TO THE NUMBER OF 
DEAF, DUMB AND BLIND CHILDREN IN HIS COUNTY. If THE COUNTY 
SCHOOL FUNP EXCEEDS $15,000 ANNUALLY, HE MAY BE PAID SUCH 
SALARY AS THE COUNTY BOARD MAY FIX. OTHERWISE, HIS SALARY 
MAY BE FIXED AT FOUR PER CENT. OF THE DISBURSEMENTS OF THE 
SCHOOL FUND, OR IT MAY BE FIXED AT NOT LESS THAN $3.00 A DAY 
FOR THE TIME ACTUALLY EMPLOYED. NO VOUCHER IN THE HANDS 
OF THE TREASURER OF THE SCHOOL FUND IS A VALID VOUCHER UNLESS 
SIGNED BY THE COUNTY SUPERINTENDENT. UNDER CERTAIN CONDI- 
TIONS, THE County Superintendent has charge of the exami- 
nation AND CERTIFICATION OF TEACHERS. 



52 Sections 4135 — 37. 

4135. Election, qualification and term of office ; vacancy. 
The County Board of Education on the first Monday in July, one 
thousand nine hundred and five, and biennially thereafter, shall 
elect a County Superintendent of Public Instruction, vv^ho shall 
be, at the time of his election, a practical teacher, or who shall 
have had at least two years' experience in teaching school, and 
who also shall be a man of liberal education and shall otherwise 
be qualified to discharge the duties of his ofiice as required by 
law, due regard being given to experience in teaching. Such 
Superintendent must be of good moral character and shall hold 
his office for a term of two years from the date of his election 
and until his successor is elected and qualified. Any person who 
has filled the office of County Superintendent for four years next 
preceding the eleventh day of March, one thousand nine hundred 
and one, shall be eligible to such office in Bertie and Bladen and 
Columbus counties, if the election of such person meets the 
approval of 'the State Board of Education. In case of vacancy 
by death, resignation, or otherwise, in the office of County Super- 
intendent, such vacancj^ shall be filled by the County Board of 
Education. 

1901, c. 4, s. 16 ; 1903, c. 435, s. 5. 

[The County Superintendent's office is the most important office 
in the county. He need not he a resident of the county when 
elected. If possihle he should 6e paid large enough salary to 
enable him to devote all his time to his work.] 

4136. Report of election of, to State Superintendent. Imme- 
diately after the election of the County Superintendent of Public 
Instruction the chairman of the County Board of Education shall 
report to the State Superintendent of Public Instruction the 
name, address, experience and qualifications of the person elected ; 
and the person elected shall report to the State Superintendent 
as soon as he shall have qualified, the date of such qualification. 

1901, c. 4, s. 16; 1903, c. 435, s. 5. 

4137. Districts in cities and towns may jointly employ. By 
und with the consent of the County Board of Education the school 
committees of two or rnore contiguous districts in any city or 
town may, by a majority vote of the committee in each district, 
employ a practical teacher, who shall be known as the Super- 
intendent of the Public Schools of such districts, and he shall 
perform all the duties of the County Superintendent of Public 
Instruction as to such districts, and shall make to the County 



Sections 4138—40. 53 

Superintendent all reports that may be necessary to enable bim 
to make his reports to the State Superintendent. 
1889, c. 199, s. 47; 1901, c. 4, s. 74. 

4138. Not to teach school ; to beside in the county. Every 
County Superintendent shall reside in the county of which he is 
Superintendent. It shall not be lawful for any County Superin- 
tendent to teach a school while the public schools of his county 
are in session ; but the State Board of Education may, for good 
and sufficient reason, permit a County Superintendent to so teach. 

1901, c. 4, s. 44. 

[County Superintendents will l>e permitted to teach during the 
year, provided satisfactory arrangements be made for visiting 
the schools while in session and otherioise obeying the law. 
Whatsoever arrangements are made should be submitted to the 
State Superintendent and the State Board for approval.] 

4139. Ex OFFICIO secretary to the BOARD; RECORDS TO BE KEPT. 

The County Superintendent of Public Instruction shall be ex 
officio the secretary of the County Board of Education. He 
shall record all proceedings of the board, issue all notices and 
orders that may be made by the board pertaining to the public 
schools, school-houses, sites, or districts (which notices or orders 
it shall be the duty of the secretary to serve by mail or by 
personal delivery without cost), and record all school statistics, 
look after all forfeitures, fines and penalties, see that the same 
are placed to the credit of the school fund and report the same to 
the board. The board shall provide the County Superintendent 
with an office at the county-seat in the county court-house, if 
possible, and with a suitable book in which to keep the records 
required by this section. The records of the board and the County 
Superintendent shall be kept in the office provided for that purpose 
by the board. 

1901, c. 4, s. 36. 

[It is very important to keep full and accurate records and to 
look closely after the proper disposition of all fines, forfeitures 
and penalties. An account book will be furnished on application 
to the State Stiperintendent. The Superintendent should report 
to the Solicitor all failures to apply the moneys from fines, etc., 
to their proper purpose.] 

4140. To HOLD teachers' meetings. The County Superintendent 
shall each vear hold not less than one teachers' meeting in each 



54 Sections 4141 — 42. 

township, which the teachers shall be required to attend. If 
necessary, one school day must be set apart for this purpose. 
1901, c. 4, s. 38 ; 1903, c. 435, s. 17. 

4141. Must advise and may suspend teachees ; must attend 
State Association of Superintendents. It shall be the duty of 
the County Superintendent to advise with the teachers as to 
the best methods of instruction and school government, , and to 
that end he shall keep himself thoroughly informed as to the 
progress of education in other counties, cities, and States. He 
shall have authority to correct abuses, and to this end he may, 
with the concurrence of a majority of the school committee, sus- 
pend any teacher who may be guilty of any immoral or disrepu- 
table conduct, or may prove himself incompetent to discharge 
efficiently the duties of a public school teacher, or who may be 
persistently neglectful of such duties. The County Superintendent 
shall be required to visit the public schools of his county while 
in session and shall inform himself of the condition and needs 
of the various schools within his jurisdiction. Unless providen- 
tially hindered, he shall attend continuously during its session 
the annual meeting of the State Association of County Super- 
intendents, and the county board of his county shall pay out of 
the county school fund his traveling expenses and allow him 
his per diem while attending such meeting; but County Super- 
intendents employed on salary shall not receive any per diem 
while in attendance on such meeting. 

1901, c. 4, s. 39 ; 1903, c. 435, s. 18 ; 1905, c. 533, s. 10. 
[It is mandatory that the County Superintendent visit the 
schools,' and County Boards of Education must o'bey this law.] 

4142. Must distribute blanks and books, and advise com- 
mittees. It shall be the duty of the County Superintendent to 
distribute to the various school committees of his county all 
such blanks as may be furnished by the State Superintendent of 
Public Instruction for reports of . school statistics of the several 
districts ; also, blanks for teachers' reports and for orders on the 
treasurer of the county school fund for teachers' salaries. He 
shall also distribute to the school committees school registers 
for their respective districts and necessary record books ; he shall 
advise with the committee as to the best methods of gathering 
the school statistics contemplated by such blanks, and by all 
proper means shall seek to have statistics fully and properly 
reported. 

1901, c. 4, s. 40. 



Sections 4143 11 . 55 

4143. Must make eepokts to State Superintendent. It shall 
be the duty of each County Superintendent, on or before the first 
Monday in July of each year, to report to the State Superintendent 
of Public Instruction an abstract statement of the number, grade, 
race and sex of the teachers examined and approved by him 
during the year ; also, the number of public schools taught in 
the county during the year for each race ; the number of children 
of school age in each school district ; the number enrolled in 
each district ; the average daily attendance in each district by 
race and sex, and the number of all persons in the county between 
the ages of twelve and twenty-one who cannot read and write. 
He shall also report by race and sex the number of pupils enrolled 
in all the schools, their average attendance, the average length 
of terms of the schools, and the average salary for the teachers 
of each race ; the number of school districts for each race, and 
any new school districts laid out during the year shall be specified 
in his report. He shall also report the number of public school 
houses and the value of the public school property for each race ; 
the number of teachers' institutes held; the number of teachers- 
attending such institutes, together with such suggestions as may 
occur to him promotive of the school interest of the county. He 
shall record in his book an accurate copy of such report. If any 
County Superintendent fail or refuse to perform any of the duties 
required of him by this chapter he shall be subject to removal 
from his ofiice by the County Board of Education upon the com- 
plaint of the State Superintendent of Public Instruction. 

1901, c. 4, s. 41. 

[Copies of all reports made should he recorded in the record 
hoolc of the County Board for future reference. It would be 
tcell to record also the treasurer's reports.] 

4144. To eepoet as to deaf, dumb and blind children. It shall 
be the duty of the County Superintendent to require of the school 
committees, in enumerating the number of school children, to 
make a statement in the report of the number of deaf, dumb and 
blind between the ages of six and twenty-one years, designating 
the race and sex, and the address of the parent or guardian of 
such children ; and the County Superintendents are hereby re- 
quired to furnish such information to the principals of the deaf, 
dumb and blind institutions, and the Superintendent of Public 
Instruction, in preparing blanks for reports required to be made 



56 Section 4144. 

to him, shall include questions, the answers to which will furnish 
the information required by this section. 
1901, c. 4, s. 43. 

SalAey of County Superintendent. The salary of the County 
Superintendent of Schools shall be fixed by the County Board 
of Education. It shall not be less than three dollars per day 
while engaged in the service of the public schools. The County 
Board of Education may fix an annual salary not to exceed four 
per cent, of the disbursements for schools under his supervision. 
The County Board of Education of any county whose total school 
fund exceeds fifteen thousand dollars may employ a County 
Superintendent for all of his time at such salary as may be fixed 
by said board : Provided, the County Superintendent of Iredell 
County shall not receive over six hundred dollars per annum. 
' Revisal of 1905, v. I, c. 66, s. 2782. 

X. THE POWERS AND DUTIES OF THE SCHOOL 
COMMITTEE. 

Summary: The school committee is composed of three per- 
sons, APPOINTED BY THE COUNTY BOARD ON THE FIRST MONDAY IN 

July for a term of two years. These may be township or 

DISTRICT committeemen, AS THE COUNTY BOARD MAY DETERMINE. 

The committee must take the school census, for which the 
compensation is two cents for each name, but township com- 
mitteemen may elect to be paid one dollar a day for four days 
annually instead. each school committee must elect a chair- 
man and a secretary and keep an accurate record of all its 
proceedings, and control and care for the public school prop- 
erty in the public interest. the committee is also charged 
with ascertaining the number of deaf, dumb and blind chil- 
dren, as well as the number of illiterate children between 

THE AGES OF TWELVE AND TWENTY-ONE EACH YEAR. ThE SCHOOL 
COMMITTEE CANNOT EXPEND ANY MONEY APPORTIONED FOR INCI- 
DENTAL EXPENSES WITHOUT THE CONSENT OF THE COUNTY BOARD. 
And THEY MUST KEEP AN ACCURATE RECORD OF THE EMPLOYMENT 

of teachers and of any special funds disbursed by them. 
They are prohibited from overdrawing the amount apportioned 

FOR teachers' salaries, AND FROM MAKING A CONTRACT BEYOND 
THEIR TERM OF OFFICE. CONTRACTS WITH PRIVATE SCHOOLS MAY 
BE MADE BY WHICH THE PUBLIC SCHOOL MAY BE TAUGHT IN CONNEC- 
TION WITH SUCH SCHOOLS. NO MONEl' FOR DISTRICT EXPENSES OF 



Section 4145. • 57 

any kind or for the salaries of teachers may be paid by the 
County Treasurer except on an order signed by a majority 
OF the committee. 

4145. Qualifications and election of ; care taken of school- 
houses. The County Board of Education of each county shall 
on the first Monday in July, one thousand nine hundred and five, 
and biennially thereafter, appoint in each of the townships of 
the county three intelligent men of good business qualifications, 
who are known to be in favor of public education, who shall 
serve for two years from the date of their' appointment as school 
committeemen in their respective townships and until their suc- 
cessors are elected and qualified. If a vacancy shall occur at any 
time by death, resignation, or otherwise, it shall be the duty of 
the County Board of Education to fill such vacancy. Such board 
shall have the power to pay out of the reserve school fund to 
each member of the township committee thus appointed one 
dollar per day for not more than four days per annum. Such 
township committee must take the census in their township, by 
districts and may elect to be paid for taking the same at the 
rate of two cents per name, or be paid each one dollar per day for 
the four days, but they cannot be paid for both. Every town- 
ship committee shall appoint one man in each school distinct in 
the township to look after the school-house and property and 
advise with the committee. The County Board of Education in 
each county may, if it deem best, biennially, on the first Monday 
in July, instead of electing township committeemen, elect for- 
each school of the several townships three school committeemen 
of intelligence and good business qualifications, who are known 
to be in favor of public education, who shall serve for two years 
from date of their appointment as committeemen and until their 
successors are elected and qualified. If a vacancy should occur 
at any time by death, resignation, or otherwise, it shall be the 
duty of the County Board of Education to fill such vacancy. 
And in case such school committeemen shall be elected as above, 
all the powers and duties conferred under this chapter on the 
township committeemen shall vest in such .committeemen of the 
several schools of the township, who shall serve without compen- 
sation. 

1901, c. 4, s. 17 ; 1903, c. 435, s. 6 ; 1905, c. 533, ss. 17, 18. 

[The committee system should he uniform; there should be 
township committeemen only in a county, or only district com- 
mitteemen. Those counties which have adopted the township sys- 



58 Sections 4146 — 48. 

tern find it much the most satisfactory. This is the experience 
of other States. The general adoption of the township system in 
this State would, therefore, be greatly desirable.] 

4146. To ELECT CHAIRMAN AND SECRETARY; APPEALS FROM. The 

school committee, as soon as practicable after their election and 
qualification, not to exceed twenty days, shall meet and elect from 
their number a chairman and secretary, and shall keep a record of 
their proceedings in a book to be kept for that purpose. The 
name and address of the chairman and secretary shall be reported 
to the County Superintendent of Public Instruction and recorded 
by him. 

1901, c. 4, s. 18. 

[A record book for committeemen will be supplied by the 
County Superintendent.] 

4147. Powers and duties as to ■ school property. The school 
committee shall be intrusted with the care and custody of all 
school-houses, school-house sites, grounds, books, apparatus, or 
other public school property in the township, with full power to 
control the same as they may deem best for the interest of the 
public schools and the cause of education. 

1901, c. 4, s. 19. 

4148. Census to be taken ; reports ; deaf, dumb, blind and 
illiterates to be reported. The school committee is required to 
furnish to the County Superintendent a census report of all the 
pupils of school age in their township or district by name, age, 
sex and race, . also the names of their parents or guardians. The 
blanks upon which such reports are to be made shall be furnished 
to the various school committees by the County Superintendent on 
the first Monday in August in each year,, which report shall be 
duly sworn to by each one of the committee and returned to the 
County Superintendent on or before the first Monday in Septem- 
ber of each year, and any committee failing to comply with the 
provisions of this section without just cause shall be subject to 
removal. The school committee shall be allowed a sum not 
exceeding two cents per name for all names reported between the 
ages of six and twenty-one. The committee shall also report to 
the County Superintendent, who shall in turn report to the County 
Board of Education, the number of public school houses and the 
value of all public school property for each race separately and 
furnish to the teacher at the opening of the school a complete 
copy of the census furnished to the County Superintendent, which 



Sections 4149 — 51. 59 

shall be recorded by the teacher in a register containing the 
name and age of each pupil of school age in that district. They 
shall also report by race and sex the number of all persons 
between the ages of twelve and twenty-one who cannot read 
and write, and the number of deaf, dumb and blind between 
the ages of six and twenty-one years, designating the race and 
sex, and the address of the parents or guardians of such children. 
1901, c. 4, ss. 20, 43 ; 1901, c. 3, s. 1 ; 1903, c. 435, s. 7. 

4149. To KEEP A EECOED OF RECEIPTS AND EXPENDITURES ; PUR- 
CHASE SUPPLIES. The school committee for each township or dis- 
trict shall keep a book 'in which shall be recorded an itemized 
statement of all moneys apportioned to, received and expended 
by them for each school and a copy of all contracts made by them 
with teachers. The committee shall have authority to purchase 
the supplies necessary for conducting the schools and for repairs 
to an amount not to exceed in the aggregate the sum of twenty-five 
dollars in any one year for each school. But nothing in this 
section shall be so constnied as to give school committees the right 
to make expenditures" without the order of the county board. 

1901, c. 4, ss. 21, 35; 1905, c. 533, s. 19. 

[The County Superintendent should furnish the committeemen 
a record hook to keep their accounts.'] 

4150. Must not overdraw. No committee shall give an order 
unless the money to pay it is actually to the credit of the district, 
and no part of the school fund for one year shall be used to pay 
school claims for any previous year. 

1901, c. 4, s. 34 ; 1903, c. 435, s. 16. 

4151. Private schools, committee may contract with ; effect. 
In any school district where there may be a private school reg- 
ularly conducted for at least six months in the year, unless such 
private school is a sectarian or denominational school, the school 
committee may contract with the teacher of such private school 
to give instruction to all pupils between the ages of six and 
twenty-one years in the branches of learning taught in the 
public schools, as prescribed in this chapter, without charge and 
free of tuition ; and such school committee may pay such teacher 
for such service out of the public school fund apportioned to 
the district, and the agreement as to such pay shall be arranged 
between the committee and teacher. Every teacher of the public 
school branches in such school shall obtain a first-grade certifi- 
cate before beginning his or her work, and shall from time to time 



60 Section 4151. 

make such reports as are required of other teachers under this 
chapter. The County Superintendents of Public Instruction shall 
have the same authority in respect to the employment and dis- 
missal of teachers under this section, and in every other respect, as 
is conferred in other sections of this chapter. And all contracts 
made under this section shall designate the minimum length of the 
public school term, which shall not be less than the average length 
of the public school term of the county of the preceding year. 
The amount paid such private school for each pupil in the public 
school branches, based on the average daily attendance, shall 
not exceed the regular tuition rates in such school for such 
branches of study. Every school to which aid shall be given under 
this chapter shall be a public school to which all children living 
within the district between the ages of six and twenty-one years 
shall be admitted free of charge for tuition : Provided, that in 
case of contract with the teacher of a private school under this 
section, tuition may be charged for instruction in higher branches 
of study not mentioned in section four thousand and eighty-seven 
if the apportionment of funds for the public school of the district 
would, in the opinion of the County Board of Education, be in- 
sufficient to provide instruction in these higher branches of study 
if the public school were taught separately. The committee may 
admit pay students over twenty-one years of age. 

1901, c. 4, ss. 33, 65 ; 1903, c- 435, s. 15 ; 1905, c. 533, s. 12. 

XI. THE TREASURER OF THE SCHOOL FUND. 

Summary: The County Teeasueer is treasueer of the school 

FUND, AND HE MUST GIV0 A SEPARATE BOND FOR THE FAITHFUL DIS- 
CHARGE OF HIS DUTIES. He IS ALSO REQUIRED TO KEEP AN ITEMIZED 
RECORD OF HIS RECEIPTS AND DISBURSEMENTS OF THE SCHOOL FUND, 
AND TO PAY NO OEDEE FOR MONEY UNLESS PROPERLY SIGNED BY THE 
COMMITTEE AND CoUNTY SUPERINTENDENT. THE TREASURER IS ALSO 
REQUIRED TO BE IN HIS OFFICE ON THE LAST SATURDAY OF EACH 
MONTH, AND TO KEEP AN ACCOUNT WITH EACH TOWNSHIP AND SCHOOL 

DISTRICT. Annually he must report to the State Superintend- 
ent, AND to the county BOARD, SETTING FORTH ALL THE MONEY 
transactions of THE YEAB. THE COUNTY BOARD MAY REQUIEE RE- 
PORTS OFTENER THAN ONCE A YEAR. FAILURE TO MAKE PROPER RE- 
PORTS CONSTITUTES A MISDEMEANOR. THE COMPENSATION OF THE 
TREASURER IS TO BE FIXED BY THE COUNTY BOARD, NOT TO EXCEED 2 PER 
CENT. OF HIS DISBURSEMENTS. 



Sections 4152 — 55. 61 

4152. County Treasukee made treasurer of school fund ; 
BOND. The County Treasurer of each county shall receive and dis- 
burse all public school funds, and shall keep the same separate and 
distinct from all other funds, but before entering upon the duties of 
his office he shall execute a justified bond, with security, in an 
amount to be fixed by the Board of County Commissioners, not 
less than the moneys received by him or by his predecessor during 
the previous year, conditioned for the faithful performance of his 
duties as treasurer of the county school fund, and for the pay- 
ment over to his successor in office of any balance of school moneys 
that may be in his hands unexpended. The bond of the treasurer 
of the county school fund shall be a separate bond, not including 
liabilities for other funds, and shall be approved by the Board of 
County Commissioners, and that board may, from time to time, 
if necessary, require him to strengthen his bond. 

1901, c. 4, ss. 46, 47. 

4153. Bond, actions on. The Board of County Commissioners 
shall bring action, in the name of the State upon the relation of 
such board, for any breach of the bond of the treasurer of the 
county school fund, and on its failure to bring such action it may 
be brought in the name of the State on the relation of any tax- 
payer. 

1901, c. 4, s. 47. 

4154. To KEEP DETAILED ACCOUNT OF RECEIPTS ; TO ACCEPT MONEY 

ONLY. The treasurer of the county school fund shall keep a book 
in which shall be entered a full and detailed account of all public 
school moneys received by him, the name of each person paying 
him school money, the source from which the same may have been 
derived, and the date of such payment. In his settlement with 
the Sheriff or other collecting officer of public school funds the 
treasurer shall receive money only. 
1901, c. 4, s. 52. 

4155. To PAY ONLY SUCH ORDERS AS ALLOWED HEREIN. Every 
order for the payment of a teacher's salary, for building, repairs, 
school furnishing, or for the payment of money for any purpose 
whatsoever, before it shall be a valid voucher for the County 
Treasurer, shall be signed first by at least two members of the 
school committee, then by the County Superintendent. No order 
shall be signed by the County Superintendent for more money 
than is to the credit of that district for the fiscal year, nor shall 
he endorse the order of any teacher who does not produce a cer- 
tificate as required by law. The treasurer shall not pay any 



62 Sections 4156—58. 

school money for building or repairing any school-house unless 
the site on which it is located has been donated to or purchased 
by the County Board of Education and the deed for the same 
regularly executed and delivered to such board and probated and 
registered in the office of the Register of Deeds for the county 
and delivered to the Clerk of the Superior Court, to be by him 
safely deposited with his valuable official papers, and surren- 
dered to his successor in office. 
1901, c. 4, s. 48. 

4156. To BE AT HIS OFFICE ON LAST SATURDAY IN MONTH. The 

treasurer of the county school fund shall, on the last Saturday 
of each month, attend at his office for the purpose of paying 
school orders ; but this shall not prevent the payment of orders 
at other times. 
1901, c. 4, s. 58. 

4157. To KEEP AN ACCOUNT WITH EACH TOWNSHIP AND DISTRICT; 

ANNUAL REPORT OF BALANCES. It Shall be the duty of the treasurer 
of the county school fund to keep a book in which he shall open 
an account with each township in the county, showing the amount 
apportioned to such township by the County Board of Education. 
He shall also open an account with each school district showing 
the amount apportioned to such district. He shall record all pay- 
ments of school money, giving the date, the amount, the person 
to whom paid, and for what purpose paid. He shall balance the 
account of each township and district annually, on the thirtieth 
of June, and shall report by letter or printed circular, within ten 
days thereafter, such balances to the County Board of Education 
and to the school committee. 
1901, c. 4, s. 49. 

4158. To REPOPvT ANNUALLY TO STATE SUPERINTENDENT AND TO 

COUNTY BOARD. The treasurer of the county school fund shall re- 
port to the State Superintendent of Public Instruction on the first 
Monday of August of each year the entire amount of money 
received and disbursed by him during the preceding school year, 
designating by items the amounts received respectively from prop- 
erty tax, poll tax, liquor licenses, fines, forfeitures and penalties, 
auctioneers, estrays, from State Treasurer and from other sources. 
,He shall also designate by item the sum paid to teachers of each 
race respectively, for school-houses, school sites in the scA^eral dis- 
tricts, and for all other purposes specifically, and in detail, by 
item, and on the same date he shall file a duplicate of such report 
in the office of the County Board of Education. He shall make 



Sections 4159—60. 63. 

such other reports as the County Board of Education of the 
county may require from time to time. Whenever the Sheriff 
or other collecting officer pays over money to the treasurer of the 
school fund he shall designate the items as indicated in this sec- 
tion, and these items shall be stated in the receipts given by the 
treasurer. 

1901, c. 4, ss. 51, 56. 

4159. Duties on expiration of his teem. Each treasurer of 
the county school fund in going out of office shall deposit in the 
office of the Board of Education of his county his books in which 
are kept his school accounts, and all records and blanks pertain- 
ing to his office. If the term of office of any treasurer shall expire 
on the thirtieth day of November during any fiscal school year, 
or if for any reason he shall hold office beyond the thirtieth day 
of November, and not for the whole of the current fiscal school 
year, he shall, at the time he goes out of office, file with the 
County Board of Education and with his successor a report, item- 
ized, as required by the next preceding section, covering the re- 
ceipts and disbursements for that part of the fiscal school year 
from the thirtieth of June preceding to the time at which he 
turns over the office to his successor, and his successor shall 
include in his report to the State Superintendent the receipts and 
disbursements for the current fiscal year, 

1901, c. 4, ss. 57, 58. 

4160. To exhibit books, vouchees and money to COUxSTTY 

BOARD. The treasurer of the county school fund shall, when re- 
quired by the County Board of Education, produce his books and 
vouchers for examination, and shall also exhibit all moneys due 
the public school fund of the county at each settlement required 
by. this chapter. 

1901, c. 4, s. 50. 

Treasurer failing to report. If any treasurer of the county 
school fund shall fail to make reports required of him at the time 
and in the manner prescribed, or to perform any other duties 
required of him by law, he shall be guilty of a misdemeanor, and 
be fined not less than fifty dollars and not more than two hundred 
dollars, or imprisoned not less than thirty days nor more than six 
months, in the discretion of the Court. 

Revisal of 1905, v. I, c. 81, s. 3839. 



XII. PRIVILEGES AND DUTIES OF TEACHERS. 

Summary: All teachers are employed by the school com- 
mittee, BUT CANNOT BE DISMISSED EXCEPT FOR CAUSE AFTER WRITTEN 

charges have been preferred and an investigation held. no 
contract is legal unless it vpas entered into vtith the com- 
mittee at a regularly called meeting, and unless the con- 
tract does not extend beyond the term of offfice of the com- 
mittee, and unless the compensation which the contract 
names is within the salary timit prescribed by the county 
board for the particular school contracted for. there are three 

kinds of certificates the ordinary certificate of three grades, 

granted by the county superintendent/ the five-year state 
certificate, with a minimum salary of $35 per month to the 
holder ; and the high school certificate, with a minimum 
salary of $40 per month to the holder. the state and the 
high school certificates are granted by the state board of 
Examiners. The first-grade certificate given by' the County 
Superintendent entitles the holder to teach for two years, 

THE second-grade CERTIFICATE ENTITLES THE HOLDER TO TEACH ONE 
YEAR AND LIMITS THE HOLDER'S SALARY TO $25 PER MONTH. HOLD- 
ERS OF THIRD-GRADE CERTIFICATES CAN BE EMPLOYED ONLY' AS ASSIST- 
ANTS. All TEACHERS MUST BE 18 YEARS OF AGE. NO DIPLOMA OF ANY 

college or normal school gives its holder the right to teach. 
Every teacher must keep certain records and make certain 
reports before he can collect his salary, as well as encour- 
age morality and good order, and maintain discipline. every 
teacher is required once every two years to attend the county 
institute, if held. immoral and wilfully'' disobedient pupils 
may be dismissed by the teacher. there is no regulation for- 
bidding corporal punishment. 

4161. School committee to employ and dismiss teachers ; 
NOTICE ; CONTRACTS. Tlie scliool Committee shall have authority 
to employ and dismiss teachers, 'but no teacher shall &e dismissed 
until charges shall have teen filed in writing with the County 
Superintendent and after a hearing shall have teen had, tefore 
the committee of the district in which such teacher is teaching, 
after two days' notice to such teacher,. The committee shall meet 
at convenient times and places for the employment of teachers 
for the public schools, and no teacher shall be employed by any 
committee except at a regularly called meeting of such commit- 
tee, due notice of such meeting having been given at three public 



Sections 4161—62. 65 

places by the committee. The County Superintendent shall be 
notified at once by the secretary of the committee of the name of 
the teacher elected, and a copy of the contract, duly signed and 
recorded, shall be filed with the County Superintendent ; and no 
voucher for the salary of a teacher of any school shall be signed 
by any County Superintendent unless a copy of such teacher's 
contract has been filed with him as herein provided, and unless 
he shall have received satisfactory evidence that such teacher 
has been elected in strict accordance with this section. No con- 
tract for teachers' salaries shall be made during any year to 
extend beyond the term of office of the committee, nor for more 
money than accrues to the credit of the district for the fiscal year 
during which the contract is made. 

1901, c. 4, ss. 20, 22, 34 ; 1901, c. 3, s. 1 ; 1903, c. 435, ss. 7, 16. 

4162. Examination ; proficiency ; grades. On the second Thurs- 
day of July and October of every year the County Superintendent 
of Schools of each county shall publicly examine all applicants of 
good moral character for teachers' certificates on all subjects 
required to be taught in the public schools and also on the theory 
and practice of teaching. And the County Superintendent may 
continue the examination from day to day if necessary until all 
applicants have been examined, and with the approval of the 
County Board of Education he may, after giving at least ten 
days' notice, hold public examinations on two other dates during 
the year. All examinations of teachers shall be held at the 
county court-house., but for the convenience of teachers the 
County Superintendent may designate another place : Provided, 
due notice of the time and the place shall have been given. No 
private examination of applicants for teachers' certificates shall 
be given by the County Superintendent jinless a reasonable 
excuse shall be rendered for failure to attend the public examina- 
tion, and for every private examination each applicant for a cer- 
tificate shall pay in advance to the County Superintendent ,a fee 
of three dollars, to be paid by him to the treasurer of the county 
school fund, to- be placed to the credit of the general school fund 
of the county. A general average of ninety per cent, and over 
shall entitle the applicant to a first-grade certificate; a gen- 
eral average of eighty per cent, and less than ninety per cent, 
shall entitle the applicant to a second-grade certificate, and a gen- 
eral average of seventy per cent, and less than eighty per cent, 
shall entitle the applicant to a third-grade certificate. No certifi- 
cate shall be valid except in the county in which it is issued. 



66 Section 4162. 

First-grade certificates shall be valid for two years from date of 
issue; other grades of certificates shall be A^alid for only one year 
and shall not be renewed except upon examination. The County 
Superintendent may invite competent persons to assist in the 
examination of applicants for certificates, and he shall file in his 
office a copy of all examination questions and also preserve for 
at least one year the examination papers and grades of all appli- 
cants for certificates, and upon request of the State Superintend- 
ent of Public Instruction he shall send all examination papers 
and their gradation and a copy of all examination questions to 
the office of the State Superintendent of Public Instruction : Pro- 
vided, that the State Superintendent of Public Instruction, in lieu 
of the provisions of this section in reference to the examination, 
the gradation and the certification of teachers, may in his discre- 
tion provide for a uniform system of gradation, examination and 
certification of public school teachers, prescribing the examination, 
the time and manner of conducting the same, and also for making 
provision for the classification of teachers' certificates into pri- 
mary, intermediate and high school. 

In addition to the three grades of certificates herein provided a 
certificate known as State certificate signed 'by the State Super- 
intendent and Board of Examiners hereinafter provided shall he 
issued to any person loho upon eoeamination hy said Board of 
Exatniners shall make a general average of not less than ninety 
per cent. Said examination shall he in writing and may he con- 
ducted hefore the County Superintendent of Puhlic Instruction in 
any county, or hefore any person selected hy said Board of 
Examiners, under such rules and regulations as said hoard may 
adopt, hut the questions for such examination shall he furnished 
hy said Board of Examiners, and said hoard shall meet at the call 
of the State Superintendent of Puhlic Instruction to examine and 
grade all papers suhmitted hy applicants for such State certificate. 
The State Superintendent of Puhlic Instruction shall he ex officio 
chairman of said hoard, and all persons who desire to he examined 
for a State certificate shall file an application with the State 
Superintendent of Puhlic Instruction, who shall notify such per- 
son when and where such examination will he held: Provided, 
that no person shall he permitted to stand such examination with- 
out first filing with the State Superintendent of Puhlic Instruc- 
tion a statement from the County Superintendent of Puhlic In- 
struction of the county in which said applicant last taught that 
said applicant holds a first-grade certificate and has taught sue- 



, Sections 4162—63. 67. 

cessfully at least one year. Said State certificate shall be valid 
in any county in the State, and no other examination or certifi- 
cate as a prerequisite for teaching a pudlic .school shall Jje re- 
quired of any person holding such State certificate, for a period 
of five years from the date of issue of said State certificate, and 
the minimum salary paid to any teacher holding such State cer- 
tificate shall 6e thirty-five dollars per month. Said Board of 
Examiners, under the direction of the State Superintendent of 
Putlic Instruction, shall examine all teachers who apply to the 
State Superintendent for a high school teachers' certificate, and 
said examination shall he conducted in the same manner as the 
examination for State certificates as herein provided. Said State 
Board of Examiners shall consist of not less than three (3) and 
not more than five (5) practical school teachers, who shall 6e ap- 
pointed by the State Board of Education upon the recommenda- 
tion of the State Superintendent of Putlic Instruction, and they 
shall hold office for a term of four (4) years, a^id the members 
of said board actually serving shall be paid a per diem of four (4) 
dollars per -day during the time that they are actually engaged, 
not to exceed fifteen (15) days annually, and in addition shall be 
repaid all money actually expended by them in payment of neces- 
sary expenses while so engaged, to be paid out of the public fund, 
and they shall maJce out and sioear to an itemised statement of 
such expenses: Provided, that the State Superintendent of Pub- 
lic Instruction shall not be alloioed any per diem for services as 
chairman of said Board of Examiners. 

1905, c. 533, s. 9 ; 1901, c. 4, s. 37. 

{Iflo private examination should be given, unless the applicant 
was prevented from attending the regular examination on account 
Of providential hindrances.] 

4163. Age, qualifications, certificates, grades and pay of; 
SCHOOL MONTH DEFINED. No pei'son Shall be employed as a teacher 
who does not produce a certificate from the County Superintend- 
ent, or State Superintendent of Public Instruction, dated within 
the time prescribed by law and continuing to the end of the term. 
No certificate to teach shall be issued to any person under eigh- 
teen years of age. Teachers of second grade shall receive not 
more than twenty-five dollars per month out of the public fund, 
and teachers of the first grade may receive such compensation 
as shall be agreed upon. Teachers of the third grade shall receive 
not more than twenty dollars per month, but no third-grade cer- 
tificate shall be renewed and no holder of a third-grade certificate 



68 Section 4164. 

shall be employed except as an assistant teacher. No teacher 
shall receive any compensation for a shorter term than one 
month unless providentially hindered from completing the term. 
Twenty school days of not less than six hours nor more than 
seven hours each day shall be a month. The school term shall 
be continuous as far as practicable. All laws and clauses of laws 
granting to, or conferring upon, the graduates or ex-students or 
students of any institution of learning, private or public, within 
this State or elsewhere, immunity, exemption, or freedom from 
the operation of laws of this State requiring persons who desire 
to teach in free public schools of the State to submit to and pass 
regular examinations before the County Superintendents before 
being duly qualified to serve as such teachers, are hereby re- 
pealed. The County Board of Education shall fix, within the 
limits above prescribed, the maximum salary to be paid to teachers 
in each school in the county. 

1901, c. 4, ss. 22, 24, 27, 34; 1901, c. 3, s. 2; 1901, c. 535; 1903, 
c. 435, ss. 9, 16. 

(Comjnitteemen cannot contract to pay any teacher more than 
the salary fixed for the school hy the county 'board.'] 

4164. Salary, how paid ; closing schools for non-attendance 
OF pupils. At the end of every term of a public school, the 
teacher or principal of the school shall exhibit to the school 
committee a statement of the number of pupils, male and female, 
the average daily attendance, the length of term and the time 
taught. If the -committee is satisfied that the provisions of this 
chapter have been complied with, they shall give an order on the 
treasurer of the county school fund, payable to such teacher, for 
the full amount due for services rendered ; but monthly, and, if 
required by the County Superintendent, weekly statements and 
reports shall be made by the teacher to the committee and to the 
County Superintendent; orders on the treasurer shall be valid 
when signed by two members of the committee and countersigned 
by the County Superintendent. When a monthly or weekly report 
of any school where the district does not contain over one hun- 
dred and fifty children shows an average daily attendance of less 
than one-fifth of the school census, the committee may, with the 
approval of the County Superintendent of Schools, order the school 
to be closed, and the money due such school shall remain to 
the credit of that school ; but all funds remaining to the credit 
of such school at the close of the school year, unused because of 
non-attendance, shall be returned to the general fund for reappor- 



Section 4165. 69 

tionment, unless such non-attendance shall have been caused by 
providential or other unavoidable causes. And the County Board 
of Education, upon the recommendation of the County Superin- 
tendent, shall have authority to close any school for either race 
in any township before it shall have continued for the average 
length of school term for the township, in case the attendance does 
not justify the continuance of the school, and the money remain- 
ing to the credit of such district thus closed for non-attendance 
shall be returned to the general school fund. 

1901, c. 4, ss. 23, 24; 1903, c. 435, ss. 8, 9; 1905, c. 533, s. 4. 

[Monthly i-eports sJiould 6e required of every teacher so that 
this section can he intelligently carried out.'\ 

4165. Keep eecord ; report to County Superintendent, also 
TO State Superintendent, when. Every teacher or principal of 
a school to which aid shall be given under this chapter shall 
keep such records of the attendance and classification of pupils 
as shall be prescribed by the State Superintendent of Public 
Instruction or the County Board of Education, and at the end 
of each term and when requested at other times, every teacher or 
principal shall report to the County Superintendent of Schools 
in such form and manner and on such blanks as shall be fur- 
nished by the County Superintendent of Schools or the State 
Superintendent of Public Instruction. At the end of every term 
every principal or teacher of a public school shall report to the 
County Superintendent of Schools the length of term of the school, 
the race for which it was taught, the number, the sex and average 
daily attendance of the pupils, and the number of the district in 
which the school is taught, the number of children on census 
blank not attending any school, number of children under seven- 
teen years of age not attending any school, stating some causes 
why they did not attend, how many families having children of 
school age did not send any of their children to school, how many 
families did, stating what personal effort has been made to get 
the children to attend school. The County Superintendent shall 
not approve the final voucher for the salary of any principal or 
teacher until all reports have been made according to law and 
until the register has heen properly filled out and filed with the 
chairman of the school committee or with the County Superin- 
tendent of Schools. The principal or Superintendent of every 
school or institution of learning supported in whole or in part 
by public funds shall report to the State Superintendent at such 
time and in such form as he may direct, and shall also report to 



70 Sections 4166—67. 

the County Superintendent of the county in which such school or 
institution of learning is situated. 

1901, c. 4, ss. 64, 66; 1903, c. 435, s. 21; 1903, c. 533, s. 11. 

[The County Superintendent should always require all reports 
to 6e fully and accurately made before he signs the teachers' 
voucher for the last month'' s salary.^ 

4166. To MAnsTTAiN obdee and encourage virtue ; to dismiss 
IMPROPER pupils. It Shall be the duty of all teachers of free 
public schools to maintain good order and discipline in their 
respective schools ; to encourage morality, industry, and neatness 
in all of their pupils, and to teach thoroughly all branches which 
they are required to teach. Pupils who wilfully and persistently 
violate the rules of the school and any of immoral life and 
character shall be dismissed by the teacher. 

1901, c. 4, s. 63. 

4167. Teachers' institutes and schools, how conducted; 
teachers must attend. The County Board of Education of every 
county may biennially appropriate an amount not less than two 
hundred dollars nor more than two hundred and fifty dollars out 
of the public school funds of the county, the definite amount be- 
tween the minimum and maximum thus fixed to be determined 
by the State Superintendent of Public Instruction, for the purpose 
of conducting biennially a teachers' institute and school for the 
training, of the public school teachers of the county at some con- 
venient and satisfactory place. The biennial county teachers' 
institute and school provided for in this section shall be con- 
ducted by some practical teacher or teachers appointed by the 
State Superintendent of Public Instruction at such time and place 
as shall be determined by the State Superintendent of Public 
Instruction after consultation with the County Superintendent of 
Schools and the County Board of Education. All public school 
teachers of any county in which such institute and school is con- 
ducted are hereby required to attend the same continuously dur- 
ing its session unless providentially hindered, and failure to 
attend the biennial institute and school shall debar any teacher- 
so failing to attend continuously from teaching in any of the 
public schools of the State for a period of one year, or until such 
teacher shall have attended according to law some county institute 
and school- as herein provided for in some other county. The rules 
and regulations governing all teachers' institutes, the course of 
study to be pursued, and the proper credits for attendance on 
the same shall be prescribed by the State Superintendent of Public 



Section 4167. 71 

Instruction. And proper and just provision shall be made for 
the training of the teachers of each race in separate institutes 
and schools : Provided, that counties whose total annual public 
school fund is less than eight thousand dollars may arrange with 
an adjoining county for holding a biennial teachers' institute and 
school as herein provided for, making such biennial appropria- 
tion and arrangement with an adjoining county as shall be equita- 
ble and satisfactory, which appropriation and arrangement and 
the terms of the same shall first be approved by the State Super- 
intendent of Public Instruction : and provided -further, that a prop- 
erly signed certificate of continuous attendance at some summer 
school of good standing for a period of not less than three weeks 
may be accepted by the County Superintendent of Schools as a 
substitute for attendance on the biennial teachers' institute and 
school herein provided for under such rules and regulations as 
shall be prescribed by the State Superintendent of Public Instruc- 
tion. 

1905, c. 533, s. 5; 1903, c. 4.35, s. 10; 1901, c. 4, s. 26. 

XIII. RURAL LIBRARIES. 
Summary: In any school district, incorporated towns having 

AS MANY AS 1,000 INHABITANTS EXCEPTED, THERE MAY BE ESTAB- 
LISHED A SCHOOL LIBRARY. ThE PATRONS AND FRIENDS OF THE SCHOOL 

abe required to raise by private donations as much as $10 and 
tender it to the county treasurer. thereupon the county 
Board of Education shall appropriate $10 out of the general 

SCHOOL fund of THE COUNTY AND THE COUNTY SUPERINTENDENT 
SHALL CERTIFY THE SAME TO THE STATE SUPERINTENDENT. ThE 

State Superintendent is then required to send $10 from the 
State appropriation to the Treasurer of the county, and the 
$30 used in the purchase of books selected. from a list approved 
BY THE State Superintendent. The county board is required to 

FURNISH out of THE GENERAL SCHOOL FUND A NEAT BOOKCASE, WITH 

lock and key. the library thus established shall be con- 
ducted under rules and regulations prescribed by the state 
Superintendent. Libraries may be enlarged by the addition 

OF $15 WORTH of books, $5 OF WHICH MUST BE RAISED BY PRIVATE 
DONATIONS, $5 BE APPROPRIATED OUT OF THE GENERAL COUNTY SCHOOL 
FUND, AND $5 BE GIVEN OUT OF THE STATE APPROPRIATION. AnD 
THE ADDITIONAL BOOKS MUST BE SELECTED FROM A LIST APPROVED BY 

THE State Superintendent. 

Note. — Sections 4168-4171 relate to Croatan Indians and are 
printed after rural library sections. 



72. Sections 4172 — 75. 

4172. how established ; duties of school officials ; manager 
APPOINTED. Whenever the patrons and friends of any free public 
school in which a library has not already been established by aid 
of the State shall raise by private subscription and tender to 
the treasurer of the county school fund, for the establishment of 
a library to be connected with such school, the sum of ten dollars, 
the County Board of Education shall appropriate from the general 
county school fund the sum of ten dollars for this purpose and 
shall appoint one intelligent person in the school district the 
manager of such library. The county board shall also appoint 
one competent person well versed in books to select books for 
such libraries as may be established under these provisions from 
lists of books approved by the State Superintendent of Public 
Instruction. 

1901, c. 662, s. 6 ; 1903, c. 226, s. 1 ; 1905, c. 381. 

4173. State Board of Education to contribute. As soon as 
such board shall have made an appropriation for a library in the 
manner prescribed, the County Superintendent shall inform the 
secretary of the State Board of Education of the fact, whereupon 
the State Board shall remit to the Treasurer of the county school 
fund the sum of ten dollars additional for the purchase of books. 

1901, c. 662, s. 7 ; 1903, c. 226, s. 2 ; 1905, c. 381, s. 2. 

4174. Books and bookcases, how purchased. Within thirty 
days after the payment of the money to the treasurer of the 
county school fund, the person appointed to select the books shall 
submit the list of books to be purchased and prices of same to 
such treasurer, who shall order the books at once. The treasurer 
shall receive no compensation except his regular commission. The 
county board shall furnish, at the expense of the general county 
school fund, a neat bookcase, with lock and key, to each library, 
upon application of the County Superintendent. 

1901, c. 662, s. 8 ; 1903, c. 226, s. 3 ; 1905, c. 381, s. 3. 

4175. Rules to be made by State Superintendent. The local 
manager of every library shall carry out such rules and regula- 
tions for the proper use and preservation of the books as may be 
established by the State Superintendent of Public Instruction, 
and shall on or before June thirtieth of each year make to the 
State Superintendent of Public Instruction such reports as he 
shall require. 

1901, c. 662, s. 9 ; 1903, c. 226, s. 4 ; 1905, c. 381, s. 4. 
[The State Superintendent will furnish a copy of tJie rules on 
application.] 



Sections 4176 — 79. 73 

4176. Exchange of libeakies. The local managers . of two or 
more libraries may by agreement exchange libraries ; but no 
exchange shall be made oftener than once in sis months, and no 
part of the expense of exchanging librarfes shall be paid out 
of the public funds. ' 

1901, c. 662, s. 10 ; 1903, c. 226, s. 5 ; 1905, c. 381, s. 5. 

4177. Enlargement of libraries, appropriations for. When- 
ever the patrons and friends of any free public school in which 
a library has been established under the provisions of this sub- 
chapter shall raise by private subscription and tender to the treas- 
urer of the county school fund the sum of five dollars for the 
enlargement of the library, the County Board of Education shall 
appropriate from the general school fund the sum of five dollars 
and the State Board of Education shall remit to the treasurer 
of the county school fund the sum of five dollars. The money 
thus collected and appropriated shall be used for the enlarge- 
ment of libraries already established under the same rules and 
restrictions as govern the establishment of new libraries. 

1903, c. 226, s. 6 ; 1905, c. 381, s. 6. 

4178. Number op libraries limited ; cities and towns excluded, 
WHEN. Not more than six new libraries, in addition to those 
already established biennially in any county under the provisions 
of the preceding sections, and not more than six libraries already 
established in any county, shall be entitled biennially to the 
benefits of section six of this act : Provided, that after November 
thirtieth, one thousand nine hundred and six, and after November 
thirtieth of every second year thereafter, if any of the aforesaid 
biennial appropriation for the years ending on such date shall 
still be in the hands of the State Treasurer, any free public school 
which shall fulfill the condition set forth in the preceding sections 
shall be entitled to receive the benefits of this act, regardless 
of the number of libraries already, established in the county in 
which said school is located, until the aforesaid balance of each 
biennial appropriation available for the purpose is exhausted. 
No school district in any incorporated town with a population 
exceeding one thousand persons shall receive any moneys under 
the provisions of this act. 

1901, c. 662, s. 12; 1903, c. 226, s. 8 ; 1905, c. 381, ss. 8, 9. 
[After the biennial period has passed, the libraries not taken 
during that period may be taJcen by any county desiring them.] 

4179. Additional appropriation of State funds. The sum of 
seven thousand five hundred dollars of the appropriation for the 



74 Sections 4168—69. 

public schools of the State is hereby biennially appropriated and 
set apart to be expended by the State Board of Education under 
the provisions of this subchapter : Provided, that of each biennial 
appropriation a sum not exceeding five thousand dollars may be 
expended by the State Board of Education in the establishment 
of new libraries, and a sum not exceeding two thousand five hun- 
dred dollars may be expended by the State Board of Education 
in the enlargement of libraries according to the provisions of 
section 'four thousand one hundred and seventy-seven of this sub- 
chapter. 

1901, c. 662, s. 11 ; 1903, c. 226, s. 7; 1905, c. 381, s. 7. 

XIV. SEPARATE SCHOOLS FOR CROATANS. 

The provisions of the school law relating to the Croatan 
Indians of Richmond and Robeson counties are as follows : 

4168. Separate schools foe. The persons residing in Robeson 
and Richmond counties, supposed to be descendants of a friendly 
tribe once residing in the eastern portion of this State, known as 
the Croatan Indians, and their descendants, shall be known and 
designated as the Croatan Indians, and they and their descend- 
ants shall have separate schools for their children, school com- 
mittees of their own race and color, and shall be allowed to select 
teachers of their own choice, subject to the same rules and regula- 
tions as are applicable to all teachers in the general school law, 
and there shall be excluded from such separate schools for the 
Croatan Indians all children of the negro race to the fourth 
generation. • 

1885, c. 51, s. 2 ; 1889, c. 60, s. 1. • 

4169. OOTJNTY BOARD TO CARRY PROVISIONS INTO EFFECT. It Shall 

be the duty of the County Board of Education to see that the next 
preceding section is carried into effect, and shall for that purpose 
have the census taken of all the children of such Indians and their 
descendants between the ages of six and twenty-one, and proceed 
to establish such suitable school districts as shall be necessary 
for their convenience, and take all such other and further steps as 
may be necessary for the purpose of carrying such section into 
effect. And where any children, descendants of such Indians, 
shall reside in any district in such counties of Robeson and Rich- 
mond in which there are no separate schools provided for their 
race, they shall have the right to attend any of the public schools 
in the county provided for their race, and their share of the 



Sections 4170 — 71. 75 

public school fund shall be appropriatecl to their education upon 
the certificate of the school committee in the district in which 
they reside, stating that they are entitled to attend such public 
schools. 

1885, c. 51, ss. 3, 4. 

4170. Pro rata shake of school funds kept separate. The 
treasurer of the county school fund and other proper authorities 
whose duties it Is to collect, keep and apportion the school fund, 
shall procure from the County Board of Education the number of 
children in the county between the ages of six and twenty-one, 
belonging to such Indian race, and shall set apart and keep sepa- 
rate their pro rata share of the school funds, which shall be paid 
out upon the same rules in every respect as are provided in the 
.general school law and in the next preceding section. 

1885, c. 51, s. 4. 

4171. General school law applicable to. The general public 
school law shall be applicable in all respects to such separate 
schools for the Croatan Indians, except where such general law 
is repugnant to these special provisions relating to such schools ; 
and these special provisions for separate schools for Croatan 
Indians shall apply only to the counties of Robeson and Richmond. 

1885, c. 51, s. 5. 



APPENDIX. 



LAWS RELATING TO THE TEXT-BOOK COMMISSION. 



The following sections of chapter 89, Revisal of 1905, as 
amended by the Public Laws of 1907, are not properly a part of 
the public school law, but these sections are reprinted for infor- 
mation : 

TEXT-BOOK COMMISSION. 

4057. Created. The State Board of Education is hereby con- 
stituted a State Text-book Commission, whose duty it is to select 
and adopt a uniform series or system of text-books for use in the 
public schools in the State of North Carolina ; and who shall serve 
without compensation. The Governor shall be ex officio president 
of siich commission, and the Superintendent of Public Instruction 
its secretary. 

1901, c. 1, ss. 1, 2, 7, 20. 

4058. Powers; tet'tn of contracts made hy. The commission may, 
from time to time, make any necessary regulations, not contrary 
to the provisions of this chapter, to secure the prompt distribu- 
tion of the books herein provided for, and the prompt and faithful 
performance of all contracts. After the expiration of the contracts 
now in force for furnishing books to the public schools the com- 
mission may advertise for new bids, or proposals, as required by 
this chapter, and enter into such other contracts as they may 
deem best for the interest of the patrons of the public schools 
of the State. Any contract entered into, or renewed, shall be for 
the term of five years. 

4059. Term of office and powers. The commission shall maintain 
its organization during the five years of the continuance of the 
contract now in force and after the expiration of the same shall 
advertise for new bids, or proposals, as required by this chapter 
in the first instance, and enter into such other contracts as it 
may deem best for the interest of the patrons of the public schools 
of the State ; and the commission may from time to time make 
any necessary regulations not contrary to the provisions of this • 
chapter to secure the prompt distribution of books herein pro- 
vided for and the prompt and faithful performance of all con- 
tracts. 

1901, c. 1, s. 14. 



Sections 4060—62. 77 

4060. Character and requisites of l)ooks to he adopted. The 
uniform series of text-boolis to be selected by the commissiou 
shall include the following branches, to-wit : Orthography, defin- 
ing, reading, writing, drawing, arithmetic, geography, grammar, 
language lessons, history of North Carolina containing the Con- 
stitution of the United States, physiology, hygiene, nature and 
effect of alcoholic drinks and narcotics, elements of civil govern- 
ment, elements of agriculture, theory and practice of teaching. 
None of such text-books shall contain anything of a partisan or 
sectarian character, and all shall be written or printed in English. 

1901, c. 1, ss. 2, 8. 

4061. Exclusive use of books adopted hy. The books adopted 
by the commission as a uniform system of text-books shall be 
introduced and used as text-books, to the exclusion of all others, 
in all the public free schools in the State for a period of five years 
from the date of adoption ; and it shall not be lawful for any 
school officer, director or teacher to use any books upon the same 
branches other than those adopted by the commission. Nothing 
herein shall prevent the use of supplementary books ; but such 
supplementary books shall not be used to the exclusion of the 
books prescribed or adopted under the provisions of this chapter. 
Nor shall anything herein prevent the teaching in any school any 
branch higher or one more advanced than is embraced in the next 
preceding section ; ijor the use of any book upon such higher branch 
of study ; but such higher branch shall not be taught to the 
exclusion of the branches mentioned and set out in the next 
preceding section. 

4062. Can purchase elsewhere when contractor fails to supply ; 
teacher allowing other hooks dismissed. Nothing herein shall 
prevent or prohibit the patrons of the public schools throughout 
the State from procuring books in the usual way, in case no con- 
tract shall be made, or the contractor fails or refuses to furnish the 
books provided for in this chapter at the time required for their 
use in the respective schools. If any teacher shall wilfully use, 
or permit to be used, in his school, any text-book upon the branches 
embraced in this chapter, where the commission has adopted a 
book upon that branch, other than the one so adopted, the County 
Board of Education shall discharge and cancel the certificate of 
such teacher, or School Superintendent; but they may use, or 
permit to be used, such book or books as may be owned by the 
pupils of the school at the time of the adoption until such books 
are worn out, not exceeding one year from the date of adoption. 

1901, c. 1, ss. 2, 16, 17, 18. 



78 Sections 4063—65. 

4063. SmI) commission to be appointed. It shall be the duty of 
the Governor to appoint a subcommission of not less than five nor 
more than ten, to be selected from among the teachers, or city or 
county superintendents, actually engaged in the school business 
in this State, not more than two of whom shall be taken from the 
same congressional district, and mem'bers of the subcommission 
actually serving shall he paid a per diem of four dollars per day^ 
during the time that they are actually engaged, not to exceed 
thirty days, and in addition shall 6e repaid all money actually ex- 
pended by them in payment of necessary expenses, to he paid out 
of the puMic fund, and they shall make out and swear to an 
itemised statement of such expenses.* 

1901, c. 1, s. 3. 

'4064. Oath of siihcommissioners. Each member of the sub- 
commission, before entering upon the discharge of his duties, 
shall take and subscribe an oath to act honestly, conscientiously, 
and faithfully, and that he is not now, has not, within two 
years prior to his appointment, been agent or attorney for or in 
the employment of, or interested in, any book or publishing house, 
concern or corporation, making or proposing to make bids for 
the sale of books, pursuant to the provisions of this chapter ; and 
that he will carefully and faithfully examine all books submitted, 
and make true report thereon, as herein directed and prescribecl. 
Such oath shall be filed in the office of the Secretary of State. 

1901, c. 1, s. 5. 

4065. Examination of books by subcommission, and report 
thereon. To the subcommission shall be referred all books sent 
to the State Text-book Commission as specimen copies or samples, 
upon which bids are to be based ; and it shall be the duty of the 
subcommission, in executive session, to examine and report upon 
the merits of the books, irrespective of the price ; taking into 
consideration the subject-matter of the books, their printing, 
their material, and their mechanical qualities, and their general 
suitability 'and desirability for the purposes for which they are 
desired and intended. The subcommission shall report to the 
commission at such time as the commission shall direct, arrang- 
ing each book in its class, or division, and reporting books in the 
order of their merit, pointing out the merits and demerits of each, 
and indicating what book it recommends for adoption first, what 
book is its second choice, and its third choice, and so on, pursuing 
this plan with the books submitted upon each branch of study; 

*Words in italics are an amendment to this section by the General Assembly of 1907. 



Sections 4066—67. ■ 79 

and if the subcommission shall Consider different books upon the 
same subject, oi" of the same class or division, of approximately 
even merit, all things being considered, it shall so report, and if 
it considers that any book offered is of such a class as to make 
it inferior and not worthy of adoption, shall, in its report, so 
designate such book. In its report it shall make such recommen- 
dations and suggestions to the commission as it shall deem advisa- 
ble and proper to make. 
1901, c. 1, ss. 3, 4. 

4066. Report, when ojjened and where filed. The report of the 
subcommission shall be kept secret and sealed up and delivered 
to the secretary of the commission, and shall not be opened by any 
member of the commission until the commission shall meet in 
executive session to open and consider the bids or proposals of 
publishers or others desiring to have books adopted by the com- 
mission. And when such commission shall have finished with 
such report it shall be filed and preserved in the office of the 
Superintendent of Public Instruction, and shall be open at all 
times for public inspection. 

1901, c. 1, ss. 4, 6. 

4067. Selection and adoption of iooJcs l>y the commission. The 
commission in its selection and adoption of a uniform series of 
text-books shall consider the merits of the books, taking into 
consideration their subject-matter, the printing, binding, material, 
and mechanical quality, their general suitability and desirability 
for the purposes intended, and the price ; and shall give due 
consideration to the report and recommendations of the subcom- 
mission. The commission shall select and adopt such books 
as will, in its judgment, accomplish the ends desired; and is hereby 
authorized and directed, in case any books are deemed by it 
suitable for adoption, and more desirable than other books of 
the same class, or division, submitted, and it further considers 
the price at which such books are offered to be unreasonably 
high, and that they should be offered at a smaller price, to imme- 
diately notify the publisher of such books of its decision and 
request such reduction in price as it deems reasonable or just, 
and if it and such publishers shall agree on a price, it may adopt 
such books ; but if not, it shall use its sound judgment and dis- 
cretion whether to adopt those or the books deemed by it to be 
the next best in the list submitted. 

1901, c. 1, s. 6. 



80 ■ Sections 4068—69. 

4068. Advertisement for bids. As soou as practicable after the 
expiration of the now existing contracts, and not later than 
thirty days thereafter, the commission shall advertise in such 
manner, and for such a length of time, and at such places as may 
be deemed advisable, that at a time and place, fixed definitely in 
the advertisement, sealed bids or proposals will be received from 
the publishers of school text-books for furnishing books to the 
public schools in the State of North Carolina, through agencies 
established by the publishers in the several counties, and in the 
several places in the counties of the State as may be provided 
for in such regulations as the commission may adopt and pre- 
scribe. The advertisement shall also state in substance the 
requirements of the next succeeding section, and shall reserve 
the right to the commission to reject all bids. 

1901, c. 1, ss. 1, 7, 11, 14. 

4069. Bids, how made; contents of. The bids or proposals shall 
be for furnishing books for a period of five years, and no longer, 
and no bid for a longer peinod shall be considered. The bids 
shall state specifically and definitely the price at which books are 
to be furnished and shall be accompanied by ten or more specimen 
copies of each and every book proposed to be furnished; and it 
shall be required of each bidder to deposit with the Treasurer 
of the State a sum of money, such as the commission may require, 
not less than five hundred nor more than twenty-five hundred 
dollars, according to the number of books each bidder may pro- 
pose to supply ; and such deposits shall be forfeited "absolutely 
to the State if the bidder making the deposit of any sum shall 
fail or refuse to make and execute such contract and bond as is 
hereinafter required, within such time as the commission shall 
require. All bids shall be sealed and deposited with the Secre- 
tary of State, to be by him delivered to the commission when in 
executive session, for the purpose of considering the same, when 
they shall be opened in the presence of the commission. And each 
person, or publisher, making a bid for the supplying of any books, 
shall state in such bid or proposal the exchange price at which 
such books shall be furnished. It shall be the duty of the Sec- 
retary of State to carefully preserve in his office, as the standard 
of quality and excellence to be maintained in such book during 
the continuance of the contracts for furnishing the same, the 
specimen or sample copies of all books which have been the basis 
of any contract, together with the original bid or proposal. 

1901, c. 1, ss. 7, 9, 10. 



Sections 4070 — 71. 81 

4070. Bid and proposals may he rejected. Tlie commission shall 
have and reserve the right to reject any and all bids or proposals, 
if of the opinion that any or all should for any reason be rejected. 
And in case it fail, from among the bids or proposals submitted, 
to select or adopt any booli;s upon any of the branches prescribed 
by this chapter, may re-advertise for sealed bids or proposals, 
under the same terms and conditions as before, and proceed with 
its investigations in all respects as in the first instance, and as 
required by the terms and provisions of this chapter. And the 
commission shall have and reserve the same rights in cases of 
advertisement for and presentation of bids and proposals for 
manuscripts and unpublished books hereinafter provided for in 
this chapter. 

1901, c. 1, s. 11. 

4071. Manuseripts and imprinted hoolcs may he adopted. In the 
event that the commission rejects the bid for furnishing any 
book, or in case it fail to adopt any book of the classes required, 
it may advertise for sealed bids or proposals, from authors or 
publishers of text-books who have manuscripts or books not yet 
published, for prices at which they will publish and furnish in 
book form such manuscripts for use in the public schools of North 
Carolina, proceeding in like manner as in bids for furnishing 
books ; but the State itself shall not, under any circumstances, 
enter into any contract binding it to pay for the publication of any 
book, but in the contract with the owner of the manuscript it shall 
be provided that he shall pay the compensation to the publisher 
for the publication and putting in book form the manuscript, to- 
gether with the cost and expense of copyrighting the same. All 
such bids or proposals shall be accompanied with a cash deposit 
of from five hundred to twenty-five hundred dollars, as the com- 
mission may direct, and as heretofore provided in this chapter ; and 
it is expressly provided that any person now doing business, or 
proposing to do business, in this State shall have the right to bid 
for the contract to be awarded hereunder in manner as follows : 
In response to the advertisement such person may submit his 
written bid to edit, or have edited, published, and supplied for 
use in the public schools in this State any book provided for 
hereunder. Instead of filing with the bid or proposal a sample 
or specimen or copy of each book proposed to be furnished, he 
may exhibit to the commission in manuscript, or printed form, 
the matter proposed to be incorporated in any book, together 
with such a description and illustration of the form and style 



82 Sections 4072—74. 

thereof as will be fully intelligible and satisfactory to the com- 
mission ; or he may submit a book, the equal of which in every 
way he proposes to furnish ; and he shall accompany his bid or 
proposal with the cash deposit hereinbefore required. All such 
books and manuscripts shall be examined and reported upon by the 
subeommission before being adopted. 
WOl, c. 1, s. 11. 

4072. Commission to deliver sample hooks to suhcommission. It 
shall be the duty of the commission to meet at the time and place 
designated in the advertisement and take out the sample or speci- 
men copies submitted, upon which the bids are based, and refer 
and submit them to the subcomjnission, as provided for and 
directed in this chapter, with instructions to the subeommission 
to report at a time speciiied, with the classification and recom- 
mendation, as provided in this chapter. 

1901, c. 1, s. 8. 

4073. Adoption of l)Oo7cs. When the report of the subeommission 
is submitted, it shall be the duty of the commission to meet in 
executive session to open and examine all sealed proposals sub- 
mitted and received in pursuance of the notice or advertisement 
provided for in this chapter. It shall be the duty of the commis- 
sion to examine and consider all such bids or proposals, together 
with the report and recommendation of the subeommission, and 
determine, in the manner provided in this chapter, what books, 
upon the branches hereinabove mentioned, shall be selected for 
adoption, taking into consideration the size, quality as to, the sub- 
ject-matter, material, printing, binding, and the mechanical execu- 
tion, and price, and the general suitability for the purpose desired 
and intended. After the selection or adoption shall have been 
made, the commission shall award the contracts and shall by 
registered letter notify the publishers or proposers to whom the 
contracts have been awarded. But the commission shall not, in 
any case, contract with any person for the use of any book which 
shall be sold to patrons for use in any public school in the State 
in excess of the price at which such book is to be furnished by such 
person, under contract to any State, county, or school district in 
the United States, under like conditions as those prevailing in 
this State and under this chapter. 

1901, c. 1, ss. 8, 9. 

4074. Contract, how executed. Upon the awarding of the con- 
tracts, it shall be the duty of the Attorney-General to prepare 
the same in accordance with the terms and provisions of this 



Sections 4075 — 77. 83 

chapter. On behalf of the State the contracts shall be executed 
by the Governor and Secretary of State and the seal of the State 
shall be set thereto. All such contracts shall be executed in tripli- 
cate, of which one shall be kept by the secretary of the commission, 
one shall be filed in the office of the Secretary of State, and one 
shall be retained by the contracting party. All contracts entered 
into or renewed under the provisions of this chapter shall be for 
the term of five years. 
1901, c. 1, ss. 8, 14. 

4075. Contract; stipulations as to prices and exchange of 
hooks. It shall be stipulated in each contract that the contractor 
has never furnished, and is not now furnishing under contract, 
any State, county, or school district in the United States, where 
like conditions prevail as are then prevailing in this State, and 
under this chapter, the same books as are embraced in the con- 
tract at a price below that stipulated in the contract, and the 
commission is hereby authorized and directed, at any time that 
it may find that any books have been sold at a lower price under 
contract to any State, county, or school district, to sue upon the 
bond of the contractor and recover the difference between the 
contract and the lower price for which books have been sold. And 
it shall also be stipulated in the contract that the contractor shall 
take up school books in use in this State at the date of such con- 
tract and receive the same in exchange of new books, allowing a 
price for such old books not less than fifty per cent, of the contract 
price of the new books. 

1901, c. 1, ss. 9, 10. 

4076. Contract, as to lia'bility of State. It shall always be a 
part of the terms and conditions of every contract made in pur- 
suance of this chapter that the State of North Carolina shall not 
be liable to any contractor in any manner for any sum whatever, 
but all such contractors shall receive their pay and compensation 
solely and exclusively from the proceeds of the sale of books as 
provided for in this chapter. 

1901, c. 1, s. 10. 

4077. Contracts may he changed or altered. Nothing in this 
chapter shall prevent the commission, and any contractor agree- 
ing thereto, from in any manner changing or altering any con- 
tract, if four members of the commission shall agree to the 
change and think it advisable and for the best interest of the 
public schools of the State. 

1901, c. 1, s. 9. 



84 Sections 4078—80. 

4078. Books must come up to sample. The books furnished 
under any contract shall, at all times during the existence of the 
contract, in all respects be equal to the specimen or sample copies 
furnished with the bid. 

1901, c. 1, s. 9. 

4079. Bond of contractor. At the time of the execution of the 
contract the contractor shall enter into a bond in the sum of not 
less than ten thousand dollars, payable to the State of North 
Carolina, to the amount of the bond within such limit to be fixed 
by the commission, conditioned for the faithful, honest, and 
exact performance of his contract, and shall further provide for 
the payment of reasonable attorneys' fees in case of recovery in 
any suit upon the same, with three or more good and solvent 
sureties, actual citizens and residents of this State, or any 
guaranty company authorized to do business in this State may 
become the surety on such bond ; and it shall be the duty of the 
Attornejf-General to prepare and approve such bonds. The com- 
mission may at any time, by giving thirty days' notice, require 
additional security or additional bond. 

1901, c. 1, ss. 8, 9. 

4080. Actions on the l)oncl. In case any contractor shall fail 
to execute specifically the terms and provisions of his contract, 
the commission is hereby empowered and directed to bring an 
action upon the bond of such contractor for the recovery of any 
and all damages. Such action shall be in the name of the State 
of North Carolina-, and the recovery shall be for the benefit of the 
public school fund of the State and counties, and when collected 
shall be placed in the treasury of the school fund. The bond 
shall not be exhausted by a single recovery, but may be sued on 
from time to time until the full amount thereof shall be recovered. 
And it is expressly provided that should any party contracting 
to furnish books, as provided for in this chapter, fail to furnish 
them, or otherwise break his contract, in addition to the right 
of the State to sue on the bond hereinabove required, the chair- 
man of the County Board of Education, or any member thereof, 
may sue in the name of the State in the courts of the State having 
jurisdiction, and recover on such bond the full value of the books 
so failed to be furnished, for the use and benefit of the school 
fund of the county. In all such cases service of process may be 
made on any agent of the contractor in the county, or if no agent 
is in the county, then service may be made on any agent in charge 



Sections 4081—83. . 85 

of any depository, and such service shall be, and stand in the place 
of, service on the defendant contractor. 
1901, c. 1, ss. 8, 9, 13. 

4081. Deposits by bidders, when returned and tolien forfeited. 
When any person shall have been awarded a contract, and shall 
have given the bond required, the commission, through its sec- 
retary, shall so inform the Treasurer of the State, and it shall 
then be the duty of the Treasurer to return to such contractor the 
cash deposit made by him ; and the commission, through its 
secretary, shall inform the Treasurer of the names of the unsuc- 
cessful bidders or proposers, and the Treasurer shall, upon the 
receipt of this notice, return to them the amounts deposited by 
them in cash at the time of the submission of their bids. But 
should any person fail or refuse to execute a contract and give 
the bond as required by this chapter, within thirty days after 
the awarding of the contract to him, and the mailing of the 
registered letter containing notice thereof, which shall be suffi- 
cient evidence that the notice was given and received, the cash 
deposit shall be deemed and is hereby declared forfeited to the 
State of North Carolina, and it shall be the duty of the Treasurer 
to placei such cash deposit in the treasury of the State to the 
credit of the school fund. 

1901, c. 1, s.,8. 

4082. Prices to be j)rinted on books. It shall be the duty of all 
contractors to print plainly on the back of each book the contract 
price as well as the exchange price at which it is agreed to be 
furnished, but the books submitted as sample or specimen copies, 
with the original bid, shall not have the price printed on them 
before they are submitted to the subcommission. And all books 
shall be sold to the consumer at the retail contract price, and on 
each book shall be printed the following : "The price fixed hereon 
is fixed by State contract, and any deviation therefrom should 
be reported to your County Superintendent of Public Instruction 
or to the State Superintendent at Raleigh." 

1901, c. 1, ss. 9, 13, 19. 

4083. Agencies for the distribution of books to patrons of public 
schools; penalty. There shall be maintained in each county in 
the State not less than one and as many more agencies as the .com- 
mission, upon recommendation of the County Board of Education, 
shall order, to be located at such points as the county board may 
recommend, for the distribution of books to the patrons ; or the 
contractor shall be permitted to make arrangements with mer- 



86 . Sections 4083—84. 

chants or others for the handling and distribution of the booljs ; 
and parties living in the county where no agency has been 
established, or no arrangement made for distribution, may order 
the same from one of the contractors, and it shall be the duty of 
the contractor or contractors to deliver any book so ordered, to 
the person ordering, to his post-office address, freight, express, 
postage, or other charges prepaid, at the retail contract price, 
if the price of the books so ordered shall be paid in advance. 
And every contractor shall be required to keep on hand at all 
times at every established agency in every county an ample sup- 
ply of books to meet all demands of patrons and purchasers, and 
upon failure to do so, or upon failure to establish agencies when 
ordered to do so by the commission as directed herein, the con- 
tractor shall be liable to a penalty of five hundred dollars for 
each and every failure to comply with the provisions of this 
section, to be sued for by the Attorney-General in the name of 
the State in the Superior Court of the county of Wake, for the 
benefit of the school fund of the county injured by such failure; 
and if any contractor, against whom judgment shall be obtained 
for such penalty, shall fail to pay the same within thirty days 
after the docketing thereof, he shall forfeit his contract, and the 
commission shall so declare, and shall thereupon proceed to make 
a new contract for books with some other contractor. The County 
Superintendent shall notify the contractors annually of the date 
of opening the public schools at least thirty days before they 
open. 

1901, c. 1, s. 13 ; 1903, c. 691, ss. 1, 2. 

4084. Contract proclaimed dy Governor; notices issued dy 
State Superintendent. As soon as the commission shall have 
entered into a contract for the furnishing or supplying of books 
for use in public schools, it shall be the duty of the Governor 
to issue his proclamation announcing such fact to the people of 
the State. And as soon thereafter as practicable the State Super- 
intendent shall issue a circular-letter to each County Superin- 
tendent in the State, and to such others as he may desire, which 
letter shall contain the list of books adopted, the prices, loca- 
tion of agencies, and method of distribution, and such other infor- 
mation as he may deem necessary. 

1901, c. 1, ss. 12, 15. 



INDEX TO PUBLIC SCHOOL LAW. 



A 

• SECTION 

Abstract tax-lists to be furnished county board 4110 

Accounts of State board 4034 

Action on bond County Treasurer 4153 

Additional powers of county board 4125 

Age for free tuition • 4085 

Agriculture, elements of, to be taught 4087 

Alcoholic drinks, effects of 4087 

Annual appropriation $100,000, per capita 4097-98 

Annual appropriation $100,000 to equalize schools 4099-4106 

Annual reports State Superintendent to include operations 

of loan fund 4092 

Application of chapter 89 4029 

Apportionment, basis of . . . • • • 4117 

Apportionment county school fund 4116 

Apportionment income permanent fund 4094-95 

Apportionment special tax funds 4113-15 

Apportionment unused funds 4116 

Appropriation for libraries 4179 

Arithmetic to be taught 4087 

Attendance, compulsory 4085 

Attendance on institutes ; 4167 

Attorney-General member of State board 4030 

Auctioneers' license taxes 4107 

Auditor member State board 4030 

B 

Basis of apportionment school fund 4117 

Biennial report State Superintendent 4089 

Bond of treasurer of school fund 4152 

Bookcases for libraries 4174 

Branches to be taught in public schools 4087 

Building fund provided for 4116 

Building fund can bear only half cost of new house 4124 

C 

Canvass of vote in special tax elections 4115 

Census taken by committee ' 4148 

Cities and towns may levy special tax 4114 

Civil government to be taught 4087 

Civil liability of Sheriff for failure to settle school taxes . . . 4111 

Closing school, non-attendance 4164 

Closing school, time of, fixed 4128 



88 • . Index. 



SECTION 

Collection of school taxes . . ; 4111 

Collection of special taxes. 4113-15 

Committee, apportionment special tax funds 4113-15 

care of property 4147 

census deaf, dumb and blind children 4148 

chairman of 4146 

compensation of .' 4145 

contract with private school 4151 

dismissal of teacher 4161 

district or township ; 4145 

election of 4145 

employment of teachers 4161 

expenditures by 4149 

illiterates reported by 4148 

notification of apportionment 4116 

oath of 4088 

not to overdraw account 4150 

records 4149 

removal 4126 

report value of school property 4148 

secretary of 4146 

sign order for salary of teacher '. 4164 

special tax districts 4115 

term of ofiice 4145 

township high school 4113 

Composition to be taught 4087 

Compulsory attendance 4085 

Condemnation of school site 4131 

Constitution N. C. and U. S. to be taught. 4087 

Construction of school law 4090 

Contingent expenses State board 4031 

Contingent fund 4116 

Contract for school-houses in writing 4124 

Cost of building, one-half from building fund 4124 

Criminal liability of Sheriff for failure to settle taxes 4111 

Croatans have separate schools 4085 

Croatan Indians < 4168-71 

Corporate powers 4030 

County board, additional powers of 4125 

apportionment of county fund 4116 

compensation of 4134 

contracts for school-houses 4124 

dismissal of teacher 4127' 

districts, special tax, formed 4115 

donations to 4130 

duties of 4121 

election of 4119 

election County Superintendent 4135 

equalize school term 4116 

estimate for four months' term 4112 

examination reports of superintendent and treasurer 4134 



Index. 89 



SECTION 

County board, fix time opening schools 4123 

grade schools 4116 

investigations 4127 

list fines reported to 4108 

loans to districts 4055 

may close school, non-attendance ; 4164 

may punish for contempt 4128 

may require reports of Treasurer 4160 

members may be removed 4126 

members take oath of office, when 4120 

meetings, number of 4133 

must use approved plans of houses 4124 

notification to committeemen of apportionment 4116 

oath of 4088 

obey instructions State Superintendent 4090 

power to create and abolish districts 4129 

qualifications for membership 4119 

race discrimination prohibited 4116 

removal County Superintendent 4126 

secretary of 4139 

sale of school property 4130 

shall, fix salary of all teachers 4116 

site for school may be condemned 4131 

term of office 4119 

unused funds 4116 

vacancy 4119-20 

County Commissioners appoint special tax election officers. . 4115 
County Commissioners must levy tax for four months' 

school 4112 

County Commissioners order special tax district elections . . . 4115 

County officers to file list of fines, etc 4108 

County school fund, what ; 4107 

Course of study 4087, 4113 

County Superintendent, advises committeemen 4142 

attendance on State Association 4141 

conducts examinations 4162 

distributes blank forms 4142 

^ election of 4135 

examinations, private 4162 

fee for private examination 4162 

holds teachers' meetings 4140 

inspection new houses 4124 

keeps an index of deeds 4132 

must not teach school 4138 

must reside in county 4138 

must visit schools 4141 

office at county-seat 4139 

qualifications of 4135 

removal from office 4126 

report deaf, dumb and blind children . ; 4144 

report to State Superintendent 4143 



90 ■ • Index, 



• SECTION 

County Superintendent, salary of 4144 

secretary county board 4139 

signs all orders on Treasurer 4154 

term of office , . 4135 

County Treasurer made treasurer of school fund 4152 

D 

Date for repayment of loans • 4054 

Day, what constitutes 4163 

Deaf, dumb and blind children reported 4144 

Deeds to school property filed with Clerk of Court 4132 

Discrimination against any race forbidden 4085 

Dismissal of teachers 4161 

Distribution $100,000 per capita 4097-98 

Distribution blank forms by County Superintendent 4142 

Districts, account kept by Treasurer 4157 

bear one-half cost of building 4124 

created or abolished hy county board 4129 

equal term in township 4116 

how formed !. . 4129 

loans to 4055 

may jointly employ Superintendent 4137 

may vo'te special tax 4115 

must have 65 census 4129 

Donations may be accepted by county board 4130 

Drawing must be taught ' 4087 

Duties and powers of county board 4121 

Duties State Superintendent 4089-92 

E 

Effects of narcotics taught .• . . . 4087 

Election, county board 4119 

County Superintendent .4135-36 

special district tax 4115 

special tax in cities and towns 4114 

township high school tax 4113 

Employment of teachers, method 4161 

Enforcement of school law by State Superintendent 4090 

English grammar to be taught 4087 

Enlargement libraries 4177 

Enlargement special tax districts 4115 

Equal school term for all schools of township 4116 

Estimate for four months' term 4112 

Estrays, proceeds of sale of 4107 

Examinations, private 4162 

Examinations, time of 4162 

Examinations, teachers 4162 

Examiners, State Board of 4162 

Exchange, libraries 4176 

Execution school law 4125 



Index. . 91 

SECTION 

Exemption certain schools from chapter 89 4029 

Expenditures by committee 4149 

F 

Failure County Treasurer to malie report misdemeanor 4160 

Failure member of county board to qualify creates vacancy . . 4120 

Fee for private examination; ■. 4162 

Fines belong to school fund 4107 

Fines, list of, reported to county board 4108 

First $100,000 4097-98 

Fiscal year 4118 

Forfeitures belong to school fund ^. . . . 4107 

Formation special tax districts 4115 

Forms to be printed by State Superintendent 4089 

Four months' school required 4112 

Freeholders, petition for local tax 4113-15 

Funds, apportionment special tax .4113-15 

repayment of loans 4055 

reserve to secure four months' school 4116 

G 

General power county board to execute school law 4125 

Geography to be taught 4087 

Government, elements of civil, taught 4087 

Governor member State board 4030 

Grade of school considered in fixing salary of teacher .4116 

H 

High school certificate 4162 

High schools for townships •. 4113 

High school subjects taught in what schools .• 4113 

History to be taught 4087 

Houses must be built according to approved plans 4124 

How township high school tax may be voted 4113 

Hygiene to be taught 4087 

I 

Illiterates reported by committee 4148 

Income permanent fund, how apportioned 4094 

Index deeds to school property 4132 

Indians, Croatan 4168-71 

Inspection new school-houses 4124 

Instalment on loans . 4054 

Institutes 4167 

Investigations, county board 4127 

Investment fund. State board '. 4035 



92 ■ Index. 

L 

I SECTION 

Language lessons taught 4087 

Liability Sheriff: for school taxes 4111 

Libraries? appropriation for 4179 

bookcases for 4174 

cities and towns excluded 4178 

enlargement of _ 4177 

exchange off . . ". 4176 

how established 4172 

managers of , 4172 

number established limited 4178 

rules for 4175 

State contribution 4173 

License, proceeds auctioneer's 4107 

Lieutenant-Governor member of State board 4030 

Limitation on building fund 4116 

Liquor license tax, proceeds of 4107 

List fines, penalties, etc., to be furnished 4108 

List taxes, separate columns for school taxes 4109 

Literary fund, property of 4033 

Loans, building school-houses 4053-56 

how repaid 4054 

how secured 4055 

school districts 4056 

M 

Maximum salary teacher fixed by county board ' 4116 

Meetings county board, number of 4133 

Meetings teachers 4140 

Members county board, oath of 4088 

Members State board, who 4030 

Minimum salary to holder State certificate 4162 

Minimum salary .to holder high school certificate 4162 

Month, what constitutes 4163 

N 

Negroes may not attend white schools 4085 

Non-attendance, closing school for 4164 

No race discrimination 4185, 4116 

Notes for school loans deposited with State Treasurer 4054 

O 

Oath of office school officers 4088 

Office days County Treasurer 4156 

Officers school system to obey instructions 4090 

Officers school system to obey instructions State Superin- 
tendent 4090 

Officers State board 4031 

Office State Superintendent must be at capital 4089 

Opening of schools, time fixed 4123 



Index. 93 

P 

SECTION 

Payment apportionment from permanent fund 4095 

Payment school-house loans 4054 

Penalties, list of, to be filed with county board 4108 

Penalties, proceeds, belong to school fund 4107 

Per capita apportionment to township 4116 

Permanent school fund what. 4093 

Petition for local tax election •. 411.3-15 

Physiology taught 4087 

Place of meeting State board 4031 

Plans used for building school-houses 4124 

Poll-holders for special tax election 4115 

Powers and duties county board 4121 

Power of county board to punish for contempt 4128 

Powers of State board. .■ 4033 

President of State board 4031 

Private school, contract with 4151 

Private examinations 4162 

Proceedings State board must be kept . . • 4032 

Property of literary fund 4033 

Public school law to be printed 4089 

Public school studies 4087, 4113 

Public school system uniform 4085 

Pupils may be dismissed 4166 

Pupils, rules for attendance 4122 

Q 

Qualifications membership county board 4119 

Qualifications oflice County Superintendent 4135 

Qualifications teacher considered in fixing salary. . 4116 

Quorum State board 4031 

R 

Races must have equal school term 4116 

Races, separate schools for 4085 

Rate special tax 4113-15 

Reading to be taught 4087 

Recommendations State Superintendent 4089 

Register of Deeds to furnish abstract of tax-lists 4110 

Registrar for special tax elections 4113-15 

Registration for special tax elections ! 4113-15 

Removal school officers 4126 

Repayment loans 4054 

Report County Superintendent to State Superintendent 4143 

Reports County Treasurer and Superintendent examined 4134 

Report State Superintendent to Governor 4089 

Report, teacher's mouthy 4164 

Reserve fund to secure four months' school ' 4116 

Rules, apportionment $100,000 to equalize schools 4099-4106 

Rules, establishment township high schools 4113 



94 Index. 

SECTIOIi 

Rules, libraries 4175 

Rules and regulations, school attendance 4122 

Rural libraries 4172-79 

S 

Salary County Superintendent 4144 

Salary teacher fixed by county board 4116 

Salary teacher, paid how 4164 

School age 4085 

School committee, election of 4145 

committee, oath of 4088 

committee, township high school 4113 

day, length of 4163 

districts must have 65 census 4129 

districts, how formed 4129 

fund, apportionment 4116 

fund, permanent 4093 

house loans 4053 

houses, building of 4124 

law to be published 4089 

month, length of 4163 

officers to obey instructions 4090 

property, charge of comiaittee 4147 

property may be sold 4130 

separate for each race 4085 

sites, how acquired 4131 

taxes in separate column 4109 

School term must be four months 4112 

term equal in townships 4116 

term, races equal 4116 

township high 4113 

year 4118 

Schools exempt from provisions chapter 89 4029 

Second $100,000 .4099-4106 

Secretary county board 4139 

Secretary State board 4031 

Secretary of State member State board 4030 

Security for loans 4055 

Separate schools for races 4085 

Sheriff's liability for school taxes 4111 

Special permanent sckool fund 4093 

Special tax, apportionment 4113-15 " 

districts 4115 

four months' school 4112 

towns and cities ,. . . 4114 

township high school 4113 

Spelling taught 4087 

State appropriation for schools 4097-4106 

State Association County Superintendents 4141 

State board 4030-35 

corporate powers 4030 



Index. 95 

SECTION 

State board, examiners 4162 

makes school-house loans 4053-56 

proceedings kept 4032 

powers of 4033 

quorum 4031 

State certificate 4162 

State Superintendent 4089-92 

biennial report 4089 

enforcement school law by 4090 

member State^ board 4030 

ofiice at capital 4089 

print school law 4089 

recommendations • 4089 

report to include loan fUnd operations 4092 

State Superintendent, secretary State board 4031 

Studies required " 4087, 4113 

Supplementary libraries 4177 

T 

Tax-lists, abstract furnished county board 4110 

Tax-lists, separate columns for school taxes 4109 

Tax, special for schools 4112-15 

Teacher, age of 4163 

assistant only with third-grade certificate 4163 

certificate, kinds 4162 

character may be investigated 4127 

dismissed by committee, how 4161 

dismissed by county board, how 4127 

employed, how 4161 

examination 4162 

Teacher, high school certificate ^ 4162 

institute attended by 4167 

keep register 4165 

may dismiss pupils 4166 

meetings 4140 

monthly report 4164 

must not be member county board 4119 

no exemption from examination 4163 

qualifications considered in fixing salary 4116 

record census in school register 4148 

report to County Superintendent 4165 

rules and regulations for 4122 

salary, how paid 4164 

salary for holder of second-grade certificate 4163 

salary, maximum, fixed by county board 4116 

State certificate 4162 

suspended, how 4141 

Term, committeeman 4145 

continuous 4163 

county board 4119 



96 Index. 



SECTIOK 

Term, County Superintendent 4135 

each race equal . .■ ' 4116 

equal in each township 4116 

four iuonths in each district 4112 

Text-book Commission 4057-84 

Time opening and closing schools 4123 

Township, apportionment to 4116 

Township high school committee 4118 

Treasurer, all orders must be signed by County Superin- 
tendent 4155 

bond 4152 

County Treasurer made treasurer school fund 4152 

district account kept 4157 

duties on expiration of term 4159 

exhibit books to county board 4160 

failure to report 4160 

general account 4154 

literary fund 4034 

office days 4156 

report examined 4134 

report to State Superintendent 4158 

State board 4031 

State board to render account 4034 

U 

Uniform system public schools 4085 

Unused funds reapportioned 4116 

V 

Vacancy county board, how filled 4119 

Vacancy oflice Superintendent, how filled 4135 

Visiting schools required 4141 

W 

Wai-rants for loans issued by Auditor 4053 

Weak districts aided by county funds 4116 

Writing to be taught 4087 

Y 

Year, school year, what 4118 



.»■'' • 



IBRPIRY OF CONGRESS 




020 312 214 7 



